ESMA publishes final guidelines on data transfers between Trade Repositories under EMIR and SFTR

This Final Reports contains two different sets of Guidelines: firstly, amendments to the existing Guidelines on transfer of data between Trade Repositories under EMIR (ESMA70-151-552) and, secondly, the new Guidelines on transfer of data between Trade Repositories under SFTR. Regarding the Guidelines under EMIR, this Final report introduces certain amendments and clarifications to the existing Guidelines on transfer of data between Trade Repositories in order to to maintain and strengthen the existing framework to port records from one Trade Repository (TR) to another under EMIR. The Guidelines under SFTR are new Guidelines regarding SFTR reporting requirements in the context of porting to set up a framework to enable market participants to safely transfer data from one TR to another under SFTR.

On 28 May 2021, ESMA published a CP on the Guidelines on transfer of data between Trade Repositories under EMIR and SFTR. The consultation closed on 27 August 2021. ESMA received seven responses, mostly from trade respositories. The answers received are available on ESMA’s website unless respondents requested otherwise. ESMA also sought the advice of the Securities and Markets Stakeholder’s Group (SMSG).

This Final Report summarises the feedback received on the public consultation on the draft Guidelines aiming to establish a consistent and harmonised process to transfer records from one TR to another TR and support the continuity of reporting and reconciliation in all cases including the withdrawal of registration of a TR, to preserve a competitive TR environment, and to ensure that high quality data is available to authorities, including the aggregations carried out by TRs.

The final guidelines are available at https://www.esma.europa.eu/sites/default/files/library/esma74-362-2351_final_report_-_guidelines_on_data_transfer_between_trade_repositories_emir_sftr.pdf

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