The Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2019 in England
S.I. 2019/335 · Made 20 February 2019 · Extends to United Kingdom
Exiting The European Union
Financial Services
Made 20th February 2019
Coming into force in accordance with regulation 1
M1The Treasury, in exercise of the powers conferred by section 8(1) of, and paragraph 1 of Schedule 4 and paragraph 21(b) of Schedule 7 to, the European Union (Withdrawal) Act 2018 make the following Regulations.
In accordance with paragraph 1(1) of Schedule 7 to that Act, a draft of this instrument has been laid before Parliament and approved by a resolution of each House of Parliament.C1C2
Annotations to the whole text
Marginal citations
- M1
Modifications
- C1
Regulations modified (31.12.2020) by The Gibraltar (Miscellaneous Amendments) (EU Exit) Regulations 2019 (S.I. 2019/680), regs. 1(2), 11(1)(4)(5) (with reg. 11(8)-(10)) (as amended by S.I. 2020/1301, regs. 1, 3, Sch. para. 40(f)); 2020 c. 1, Sch. 5 para. 1(1)
- C2
Regulations: power to modify conferred (11.7.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 3, 86(3), Sch. 1 Pt. 2; S.I. 2023/779, reg. 2(d)
Contents
- Part 1: PRELIMINARY
- 1Citation, commencement and interpretation
- Part 2: AMENDMENT OF SUBORDINATE LEGISLATION
- 2Amendments to the Financial Services and Markets Act 2000 (Over the Counter Derivatives, Central Counterparties and Trade Repositories) Regulations 2013
- 3Interpretation
- 4Designation of competent authorities
- 5Applications, notifications and reports to the FCA
- 6Penalties and statements
- 7Investigatory powers of ESMA with regard to trade repositories
- 8Transitional provision
- Part 3: AMENDMENT AND REVOCATION OF RETAINED DIRECT EU LEGISLATION
- Chapter 1: AMENDMENT OF THE EMIR REGULATION
- 9Amendments to the EMIR regulation
- 10Subject matter and scope
- 11Definitions
- 12Equivalence decisions for the purposes of the definition of OTC derivatives
- 13Intragroup transactions
- 14Clearing obligation
- 15Clearing obligation procedure
- 16Public register
- 17Access to a CCP
- 18Access to a trading venue
- 19Reporting obligation
- 20Non-financial counterparties
- 21Risk-mitigation techniques for OTC derivative contracts not cleared by a CCP
- 22Penalties
- 23Mechanism to avoid duplicative or conflicting rules
- 24Conditions for making technical standards
- 25Authorisation of a CCP
- 26Extension of activities and services
- 27Capital requirements
- 28Procedure for granting and refusing authorisation
- 29College
- 30Opinion of the college
- 31Withdrawal of authorisation
- 32Review and evaluation
- 33Competent authority
- 34Cooperation
- 35Organisational requirements: general provisions
- 36Record keeping
- 37Information
- 38Assessment
- 39Business continuity
- 40Outsourcing
- 41Transparency
- 42Segregation and portability
- 43Margin requirements
- 44Default fund
- 45Liquidity risk controls
- 46Default waterfall
- 47Collateral requirements
- 48Investment policy
- 49Default procedures
- 50Review of models, stress testing and back testing
- 51Calculation of Kccp
- 52Reporting of information
- 53Risk management
- 54Provision of margins among CCPs
- 55Approval of interoperability arrangements
- 56Trade Repositories
- 57Professional secrecy
- 58Exchange of information
- 59Transitional and final provisions
- 60List of infringements referred to in paragraph 1 of Article 65
- 61List of the coefficients linked to aggravating and mitigating factors for the application of paragraph 3 of Article 65
- Chapter 2: REVOCATION OF COMMISSION DELEGATED REGULATIONS MADE UNDER THE EMIR REGULATION
- 62Commission Delegated Regulation (EU) No. 1003/2013
- 63Commission Delegated Regulation (EU) No. 667/2014
- Part 4: SPECIFIC PROVISION FOR TRADE REPOSITORIES
- Chapter 1: PRELIMINARY
- 64Interpretation of Part 4
- Chapter 1A: SUPERVISION OF TRADE REPOSITORIES
- 64ASupervision of trade repositories
- Chapter 2: ENFORCEMENT PROVISIONS RELATING TO TRADE REPOSITORIES
- 65Warning notice
- 66Decision notice
- 67Public censure
- 68Financial penalties
- 69Statement of policy
- 70Statement of policy: procedure
- 71Powers to issue guidance
- 72Injunctions
- Chapter 3: APPLICATION OF THE FSMA FOR THE PURPOSES OF THIS PART, THE EMIR REGULATION AND THE TRATP REGULATIONS
- 73Application of Part 9 of the FSMA (hearings and appeals)
- 74Application of Part 9A of the FSMA (rules and guidance)
- 75Application of Part 11 of the FSMA (information gathering and investigations)
- 76Application of Part 26 of the FSMA (notices)
- 77Application of Part 27 of the FSMA (offences)
- 78Application of Schedule 1ZA to the FSMA (the Financial Conduct Authority)
- Part 5: TRANSITIONAL PROVISIONS: INTRAGROUP TRANSACTIONS
- 79Interpretation
- 80Continuation of exemptions from certain clearing obligations and risk-management obligations
- 81Relevant day for the purposes of regulation 80
- 82New exemptions from certain clearing obligations and risk-management obligations
- 83Relevant day for the purposes of regulation 82
- 84Regulations
- Signature
- Explanatory note