HTML PUBLIC "-//W3C//DTD HTML 4.01 Transitional//EN"L 352/32
EN
Official Journal of the European Union
21.12.2012
COMMISSION IMPLEMENTING REGULATION (EU) No 1249/2012
of 19 December 2012
laying down implementing technical standards with regard to the format of the records to be
maintained by central counterparties according to Regulation (EU) No 648/2012 of the European
Parliament and of the Council on OTC derivatives, central counterparties and trade repositories
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
(5) The
underlying
should
be
identified
by
using
a
single
identifier, however there is currently no market wide
standardised code to identify the underlyings within a
Having regard to the Treaty on the Functioning of the European
basket. CCPs should therefore indicate at least that the
Union,
underlying is a basket and use International Securities
Identification numbers (ISINs) for standardised indices
where possible.
Having regard to the opinion of the European Central Bank ( 1 ),
(6) This
Regulation
is
based
on
the
draft
implementing
Having regard to Regulation (EU) No 648/2012 of the
technical standards submitted by the European Securities
European Parliament and of the Council of 4 July 2012 on
and Markets Authority (ESMA) to the Commission.
OTC derivatives, central counterparties and trade repositories ( 2 ),
and in particular Article 29(5) thereof,
(7) In
accordance
with
Article
15
of
Regulation
(EU)
No
1095/2010 of the European Parliament and of the
Whereas:
Council of 24 November 2010 establishing a European
Supervisory Authority (European Securities and Markets
Authority) ( 3 ), ESMA has conducted an open public
(1) In
accordance
with
Article
29(4)
of
Regulation
(EU)
No
consultation before submitting the draft implementing
648/2012, Articles 13, 14 and 15 of the delegated act
technical standards on which this Regulation is based,
with regard to regulatory technical standards specifying
analysed the potential related costs and benefits and
the details of the records and information to be kept by
requested the opinion of the Securities and Markets
central counterparties (CCPs) adopted pursuant to
Stakeholder Group established in accordance with
Article 29(4) of Regulation (EU) No 648/2012, rules
Article 37 of Regulation (EU) No 1095/2010,
should also be laid down to specify the format of the
record and information kept in accordance those Articles.
HAS ADOPTED THIS REGULATION:
(2) To
carry
out
their
duties
effectively
and
consistently,
the
relevant authorities should be provided with data that are
comparable among CCPs. The use of common formats
also facilitates the reconciliation of data between CCPs.
Article 1

Formats of records
1. A
CCP
shall
retain
the
records
specified
in
Article
20
of
(3) A
CCP
should
be
required
to
retain
data
for
record the delegated act with regard to regulatory technical standards
keeping purposes in a format compatible with the
on requirements specifying the details of the records and
format in which data is retained by trade repositories,
information to be kept by central counterparties (CCPs)
taking into account that in certain circumstances CCPs
adopted pursuant to Article 29(4) of Regulation (EU) No
and trade repositories are required to maintain or report
648/2012 for each contract processed in the format set out
the same information. The use of a common format
in Table 1 in the Annex.
across different financial market infrastructures facilitates
the greater use of these formats by a wide variety of
market participants, thus promoting standardisation.
2. A
CCP
shall
retain
the
records
specified
in
Article
21
of
the delegated act with regard to regulatory technical standards
(4) To
facilitate
straight
through
processing
and
reduction
of on requirements specifying the details of the records and
costs to market participants, it is important to use stan
information to be kept by central counterparties (CCPs)
dardised procedures and data formats across CCPs as
adopted pursuant to Article 29(4) of Regulation (EU) No
much as possible.
648/2012 for each position in the format set out in Table 2
in the Annex.
( 1 ) Not yet published in the Official Journal.
( 2 ) OJ L 201. 27.7.2012, p. 1.
( 3 ) OJ L 331, 15.12.2010, p. 84.

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EN
21.12.2012 Official
Journal
of
the
European
Union L
352/33
3. A
CCP
shall
retain
the
records
specified
in
Article
22
of allows a direct data feed between the CCP and the competent
the delegated act with regard to regulatory technical standards
authority. A CCP shall establish such data feed within six
on requirements specifying the details of the records and
months after the request of the competent authority.
information to be kept by central counterparties (CCPs)
adopted pursuant to Article 29(4) of Regulation (EU) No
648/2012 for activities related to its business and internal
Article 2
organisation in the format set out in Table 3 in the Annex.
Entry into force
This Regulation shall enter into force on the twentieth day
4. A CCP shall provide the competent authority the records
following that of its publication in the Official Journal of the
and information under paragraphs 1, 2 and 3 in a format that
European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 19 December 2012.
For the Commission
The President
José Manuel BARROSO

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L 352/34
EN
Official Journal of the European Union
21.12.2012
ANNEX
Tables of fields to be recorded as referred to in Article 1
Table 1
Records of transactions processed
Field Format Description
1 Reporting
timestamp ISO
8601
date
format
/
UTC
time
Date and time of reporting.
format.
2 Price/rate Up
to
20
numerical
digits
in
the
format
The price per security or derivative
xxxx,yyyyy.
contract excluding commission and
(where relevant) accrued interest. In
the case of a debt instrument, the
price may be expressed either in terms
of currency or as a percentage.
2a Price
notation E.g.
ISO
4217
Currency
Code,
3
alpha The manner in which the price is
betical digits, percentage.
expressed.
3 Notional
Currency ISO
4217
Currency
Code,
3
alphabetical
The currency in which the price is
digits.
expressed. If, in the case of a bond or
other form of securitised debt, the price
is expressed as a percentage, that
percentage shall be included.
3a Deliverable
currency ISO
4217
Currency
Code,
3
alphabetical
The currency to be delivered.
digits.
4 Quantity Up
to
10
numerical
digits.
The number of units of the financial
instruments, the nominal value of
bonds, or the number of derivative
contracts included in the transaction.
5 Quantity
notation Up
to
10
numerical
digits. An
indication
as
to
whether
the
quantity is the number of units of
financial instruments, the nominal
value of bonds or the number of
derivative contracts.
6 CCP
side B=Buyer
/
S=Seller.
7 Product
ID Interim
taxonomy
in
accordance
with
the
The contract shall be identified by
information in Article 4 of Regulation using a product identifier, where avail
(EC) xx/2012 [draft ITS on format and able.
frequency of trade reports to trade reposi
tories], ISIN or a unique product identifier
(UPI).
8 Clearing
member
ID Legal
Entity
Identifier
(LEI)
(20
alpha In case the reporting counterparty is
numerical digits), interim entity identifier not a clearing member, its clearing
(20 alphanumerical digits), BIC (11 member shall be identified in this
alphanumerical digits) or client code (50 field by a unique code. In case of an
alphanumerical digits).
individual, a client code, as assigned by
the CCP, shall be used.

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EN
21.12.2012 Official
Journal
of
the
European
Union L
352/35
Field Format Description
9 Beneficiary
ID Legal
Entity
Identifier
(LEI)
(20
alpha If the beneficiary of the contract is not
numerical digits), interim entity identifier a C/P to this contract it has to be
(20 alphanumerical digits), BIC (11 identified by a unique code or, in case
alphanumerical digits) or client code (50 of individuals, by a client code as
alphanumerical digits).
assigned by the legal entity used by
the individual.
10 Party
that
transferred
the
Legal Entity Identifier (LEI) (20 alpha
contract (in case of give-up) numerical digits), interim entity identifier
(20 alphanumerical digits), BIC (11
alphanumerical digits) or client code (50
alphanumerical digits).
11 Venue
of
execution ISO
10383
Market
Identifier
Code
(MIC)
Identification of the venue where the
where relevant, XOFF for listed derivatives transaction was executed. In case of a
that are traded off-exchange or XXXX for contract concluded OTC, it has to be
OTC derivatives.
identified whether the respective
instrument is admitted to trading but
traded OTC or not admitted to
trading and traded OTC.
12 Date
of
interposition ISO
8601
date
format. The
day
on
which
the
interposition
of
the CCP in the contract was executed.
13 Time
of
interposition UTC
time
format. The
time
at
which
the
interposition
of
the CCP in the contract was executed,
reported in the local time of the
competent authority to which the
transaction will be reported, and the
basis in which the transaction is
reported expressed as Coordinated
Universal Time (UTC) +/- hours.
14
Date of termination of the ISO 8601 date format. The
day
on
which
the
termination
of
contract
the contract occurred.
15 Time
of
termination
of
the
UTC time format. The
time
at
which
the
termination
of
contract
the contract occurred, reported in the
local time of the competent authority
to which the transaction will be
reported, and the basis in which the
transaction is reported expressed as
Coordinated Universal Time (UTC) +/-
hours.
16 Delivery
type
C = cash, P = physical, O = optional for Whether the contract is settled
counterparty.
physically or in cash.
17 Settlement
date ISO
8601
date
format. The
day
on
which
the
settlement
or
the
buy-in of the contract is executed. If
more than one, further fields may be
identified.
18 Time
of
settlement
or
of
UTC time format. The
time
at
which
the
settlement
or
the
buy-in in the contract
buy-in of the contract is executed,
reported in the local time of the
competent authority to which the
transaction will be reported, and the
basis in which the transaction is
reported expressed as Coordinated
Universal Time (UTC) +/- hours.

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L 352/36
EN
Official Journal of the European Union
21.12.2012
Field Format Description
Details on the original terms of the contracts cleared, to be provided to the extent they are applicable
19 Date ISO
8601
date
format. The
day
on
which
the
contract
was
originally concluded.
20 Time UTC
time
format. The
time
at
which
the
original
contract
was originally concluded, reported in
the local time of the competent
authority to which the transaction will
be reported, and the basis in which the
transaction is reported expressed as
Coordinated Universal Time (UTC) +/-
hours.
21 Product
ID Interim
taxonomy
in
accordance
with
the
The contract shall be identified by
information in Article 4 of Regulation using a unique product identifier
(EC) xx/2012 [draft ITS on format and where available.
frequency of trade reports to trade reposi
tories], ISIN or a unique product identifier
(UPI).
22 Underlying A
unique
product
identifier,
ISIN
(12
The instrument identification applicable
alphanumerical digits and CFI (6 alpha to the security that is the underlying
numerical digits). Legal Entity Identifier asset in a derivative contract as well
(LEI) (20 alphanumerical digits), interim as the transferable security falling
entity identifier (20 alphanumerical within Article 4(1)(18)(c) of Directive
digits), B= Basket, or I=Index.
2004/39/EC.
23 Derivative
type
(in
case
of
The harmonised description of the
derivative contract)
derivative type should be done
according to one of the top level
categories as provided by a uniform
internationally accepted standard for
financial instrument classification.
24 Inclusion
of
the
instrument
Y=Yes / N=No.
in the ESMA register of
contracts subject to the
clearing obligation (in case
of derivative contract)
Other information to be provided to the extent they are applicable
25 Identification
of
the
inter Legal Entity Identifier (LEI) (20 alpha
operable CCP clearing one numerical digits), interim entity identifier
leg of the transaction
(20 alphanumerical digits), BIC (11
alphanumerical digits) or client code (50
alphanumerical digits).

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EN
21.12.2012 Official
Journal
of
the
European
Union L
352/37
Table 2
Position records
Field Format
1 Clearing
member
ID Legal
Entity
Identifier
(LEI),
interim
entity
identifier
or
BIC
2 Beneficiary
ID Legal
Entity
Identifier
(LEI),
interim
entity
identifier,
BIC
or
Client
Code
3 Interoperable
CCP
maintaining
the
Legal Entity Identifier (LEI), interim entity identifier, BIC or Client Code
position
4 Sign
of
the
position B=Buyer
/
S=Seller
5 Value
of
the
position Up
to
10
numerical
digits
(xxxx,yy).
6 Price
at
which
the
contracts
are
valued Up
to
10
numerical
digits
(xxxx,yy).
7 Currency ISO
Currency
Code.
8 Other
relevant
information Free
Text
9 Amount
of
margins
called
by
the
CCP Up
to
10
numerical
digits
(xxxx,yy).
10 Amount
of
default
fund
contributions
Up to 10 numerical digits (xxxx,yy).
called by the CCP
11 Amount
of
other
financial
resources
Up to 10 numerical digits (xxxx,yy).
called by the CCP
12A Amount
of
margins
posted
by
the Up to 10 numerical digits (xxxx,yy).
Clearing Member with reference to
client account A
13A Amount
of
default
fund
contributions Up to 10 numerical digits (xxxx,yy).
posted by the Clearing Member with
reference to client account A
14A Amount
of
other
financial
resources Up to 10 numerical digits (xxxx,yy).
posted by the Clearing Member with
reference to client account A
15B Amount
of
margins
posted
by
the Up to 10 numerical digits (xxxx,yy).
Clearing Member with reference to
client account B
16B Amount
of
default
fund
contributions Up to 10 numerical digits (xxxx,yy).
posted by the Clearing Member with
reference to client account B
17B Amount
of
other
financial
resources Up to 10 numerical digits (xxxx,yy).
posted by the Clearing Member with
reference to client account B

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L 352/38
EN
Official Journal of the European Union
21.12.2012
Table 3
Business records
Field Format Description
1 Organisational
charts Free
text Board
and
relevant
committees,
clearing
unit, risk management unit, and all
other relevant units or divisions.
Shareholders or members that have qualifying holdings (fields to be added for each of the relevant shareholder/member)
2 Type S=Shareholder
/
M=member.
3 Type
of
qualified
holding D=direct
/
I=indirect.
4 Type
of
entity N=natural
person
/
L=legal
person.
5 Amount
of
the
holding Up
to
10
numerical
digits
(xxxx,yyyyy).
Other documents
6 Policies,
procedures,
Documents
processes required under
organisational requirements
7 Minutes
of
Board
meetings,
Documents
meeting of sub-committees
(if applicable) and of Senior
Management Committees (if
applicable)
8 Minutes
of
meetings
of
the
Documents
risk committee
9 Minutes
of
consultation
Documents
group with clearing
members and clients (if any)
10 Reports
of
internal
and
Documents
external audit, risk
management, compliance
and consultant
11 Business
continuity
policy
Documents
and disaster recovery plan
12 Liquidity
plan
and
daily
Documents
liquidity reports
13 Documents reflecting all
Documents
assets and liabilities and
capital accounts

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EN
21.12.2012 Official
Journal
of
the
European
Union L
352/39
Field Format Description
14 Complaints
received Free
text For
each
complaint:
information
on
complaint’s name, address and
account number; date of receiving the
complaint; names of all persons
identified in the complaint; description
of the nature of the complaint;
disposition of the complaint; date at
which the complaint was resolved.
15 Information
on
interruption
Free text Information
on
any
interruption
of
of services or dysfunction
services or dysfunction, including a
detailed report on the timing, effects
and remedial actions.
16 Results
of
back
and
stress
Free text
test performed
17 Written communications
Documents
with competent Authorities,
ESMA and the relevant
members of the ESCB
18 Legal
opinions
received
in
Documents
accordance with organisa
tional requirements
19 Interoperability
Documents
arrangements with other
CCPs (where applicable)
20 List
of
all
clearing
members
Free text / Document List
in
accordance
with
Article
17
of
(Article 17 of Regulation
Regulation (EU) No XXX/2012.
(EU) No XXX/2012)
21 Information required by
Free text / Documents Law
and
Rules
governing
(i)
the
access
Article 17 of Regulation
to the CCP, (ii) the contracts concluded
(EU) No XXX/2012
by the CCP with clearing members and,
where practicable, clients, (iii) the
contracts that the CCP accepts for
clearing, (iv) any interoperability
arrangements, (v) the use of collateral
and default fund contributions,
including the liquidation of positions
and collateral and the extent to which
collateral is protected against third
party claims (level of segregation).
22 Development
on
new
Free text In
case
of
the
provision
of
new
initiative processes
services.

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Document Outline

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