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Regulation (EU) No 648/2012 of the European Parliament and of the CouncilShow full title

Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (Text with EEA relevance)

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Regulation (EU) No 648/2012 of the European Parliament and of the Council, CHAPTER 1 is up to date with all changes known to be in force on or before 08 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

CHAPTER 1U.K.Conditions and procedures for registration of a trade repository

Article 55U.K.Registration of a trade repository

1.A trade repository shall register with [F1the FCA] for the purposes of Article 9.

2.To be eligible to be registered under this Article, a trade repository shall be a legal person established in the [F2United Kingdom] and meet the requirements laid down in Title VII.

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4.A registered trade repository shall comply at all times with the conditions for registration. A trade repository shall, without undue delay, notify [F4the FCA] of any material changes to the conditions for registration.

Article 56U.K.Application for registration

[F51 . For the purposes of Article 55(1), a trade repository shall submit either of the following to [F6the FCA]:

( a ) an application for registration;

( b ) an application for an extension of the registration where the trade repository is already registered under Chapter III of Regulation (EU) 2015/2365.]

2.[F7The FCA] shall assess whether the application is complete within 20 working days of receipt of the application.

Where the application is not complete, [F8the FCA] shall set a deadline by which the trade repository is to provide additional information.

After assessing an application as complete, [F8the FCA] shall notify the trade repository accordingly.

[F9 3 .The FCA may make technical standards specifying the form and content of applications under paragraph 1.]

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Textual Amendments

F11Article 57U.K.Notification of and consultation with competent authorities prior to registration

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Article 58U.K.Examination of the application

1.[F12The FCA] shall, within 40 working days from the notification referred to in the third subparagraph of Article 56(2), examine the application for registration based on the compliance of the trade repository with Articles 78 to 81 and shall adopt a fully reasoned registration decision or decision refusing registration.

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F14Article 59U.K.Notification of ESMA decisions relating to registration

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F15Article 60U.K.Exercise of the powers referred to in Articles 61 to 63

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F15Article 61U.K.Request for information

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F15Article 62U.K.General investigations

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F15Article 63U.K.On-site inspections

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F15Article 64U.K.Procedural rules for taking supervisory measures and imposing fines

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F15Article 65U.K.Fines

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F15Article 66U.K.Periodic penalty payments

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F15Article 67U.K.Hearing of the persons concerned

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F15Article 68U.K.Disclosure, nature, enforcement and allocation of fines and periodic penalty payments

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F15Article 69U.K.Review by the Court of Justice

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F15Article 70U.K.Amendments to Annex II

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[F16Article 71U.K.Withdrawal of registration

1.The FCA may, on its own initiative, withdraw the registration of a trade repository where the trade repository:

(a)expressly renounces the registration or has provided no services for the preceding 6 months;

(b)obtained the registration by making false statements or by any other irregular means; or

(c)no longer meets the conditions for registration.

2.The FCA may also, on its own initiative, withdraw the registration of a trade repository where it is desirable to do so to advance one or more of its operational objectives set out in section 1B(3) of the FSMA.

3.The FCA may, on an application by a trade repository, withdraw the registration of the trade repository.

4.The decision to withdraw the registration of a trade repository under paragraph 1, 2 and 3 shall be reflected in the Register.]

[F16Article 71aU.K. Publication and notification of decisions about registration of trade repositories

1.The FCA must publish on its website a list of trade repositories registered in accordance with Article 58 (“the Register”).

2.On the adoption of a decision under Article 58 or 71, the FCA must notify its decision to the trade repository concerned.

3.A refusal of an application to register under Article 58 comes into effect on the fifth working day following the day on which it is adopted.

4.A withdrawal of registration under Article 71 takes effect:

(a)immediately upon the adoption of the decision if the notice states that is the case;

(b)on such date as may be specified in that notice; or

(c)if no date is specified in the notice, when the matter to which the notice relates is no longer open to review.

5.A decision to withdraw a registration on the FCA's own initiative under paragraph 1 or 2 of Article 71 may be expressed to take effect immediately (or on a specified date) only if the FCA, having regard to the ground on which it is exercising its power reasonably considers that it is necessary for the withdrawal or direction to take effect immediately (or on that date).

6.If the decision referred to in paragraph 2 is:

(a)to refuse the application for registration made under Article 58;

(b)to exercise the FCA's power under paragraph 1 or 2 of Article 71; or

(c)to refuse an application made by a trade repository under paragraph 3 of Article 71,

the FCA must give the trade repository a written notice.

7.A written notice under paragraph 6 must:

(a)give details of the decision made by the FCA;

(b)state the FCA's reasons for the decision;

(c)state when the decision takes effect; and

(d)inform the trade repository that it may either:

(i)request a review of the decision by the FCA, and make written representations for the purpose of the review, within such period as may be specified in the notice; or

(ii)refer the matter to the Upper Tribunal (“the Tribunal”) within such period as may be specified in the notice; and

(e)indicate the procedure on a reference to the Tribunal.

8.If the trade repository requests a review of the decision made by the FCA (“the original decision”) the FCA must consider any written representations made by the trade repository and review the original decision.

9.On a review under paragraph 8, the FCA may adopt any decision (“the new decision”) it could have adopted on the application.

10.The FCA must give the trade repository written notice of its decision on the review.

11.This paragraph applies to a decision—

(a)to maintain a decision to refuse an application for registration, made under Article 58;

(b)to refuse to revoke a decision made under paragraph 1 or 2 of Article 71; or

(c)to maintain a decision to refuse an application from a trade repository under paragraph 3 of Article 71.

12.A written notice in relation to a decision to which paragraph 11 applies must:

(a)give details of the new decision made by the FCA;

(b)state the FCA's reasons for the new decision;

(c)state whether the decision takes effect immediately or on such date as may be specified in the notice;

(d)inform the trade repository that it may, within such period as may be specified in the notice, refer the new decision to the Tribunal; and

(e)indicate the procedure on a reference to the Tribunal.]

[F16 Article 71b U.K.Reference to the Tribunal

1.A trade repository may, subject to paragraph 2, refer to the Tribunal the FCA's decision to:

(a)refuse to register the trade repository under Article 58;

(b)exercise its power under paragraph 1 or 2 of Article 71; or

(c)refuse the trade repository's application under paragraph 3 of Article 71.

2.Where there is a review under paragraph 8 of Article 71a, paragraph 1 applies only in relation to the FCA's decision in response to that review.]

F17Article 72U.K.Supervisory fees

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F17Article 73U.K.Supervisory measures by ESMA

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F17Article 74U.K.Delegation of tasks by ESMA to competent authorities

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