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+Article 9 1. |
Article 9 1.Counterparties and CCPs shall ensure that the details of any derivative contract they have concluded and of any modification or termination of the contract are reported in accordance with paragraphs 1a to 1f of this Article to a trade repository registered in accordance with Article 55 or recognised in accordance with Article 77. The details shall be reported no later than the working day following the conclusion, modification or termination of the contract. Financial counterparties, non-financial counterparties and CCPs subject to the reporting obligation shall put in place appropriate procedures and arrangements to ensure the quality of the data they report in accordance with this Article. Where a non-financial counterparty that is part of a group meets the conditions set out in Article 10(1), second subparagraph, and benefits from the exemption set out in the fifth subparagraph of this paragraph, the Union parent undertaking of that non-financial counterparty shall report the net aggregate positions by class of derivatives of that non-financial counterparty to its competent authority on a weekly basis. For a counterparty established in the Union, the competent authority of the parent undertaking shall share the information with ESMA and with the competent authority of that counterparty. The reporting obligation shall apply to derivative contracts which:
(a)
were entered into before 12 February 2014 and remain outstanding on that date;
(b)
were entered into on or after 12 February 2014. Notwithstanding Article 3, the reporting obligation shall not apply to derivative contracts within the same group where at least one of the counterparties is a non-financial counterparty or would be qualified as a non-financial counterparty if it were established in the Union, provided that:
(a)
both counterparties are included in the same consolidation on a full basis;
(b)
both counterparties are subject to appropriate centralised risk evaluation, measurement and control procedures; and
(c)
the parent undertaking is not a financial counterparty. Counterparties shall notify their competent authorities of their intention to apply the exemption referred to in the third subparagraph. The exemption shall be valid unless the notified competent authorities do not agree upon fulfilment of the conditions referred to in the third subparagraph within three months of the date of notification. 1. Ħarsa ġenerali
1.1 Referenzi1.2 Rekwiżiti identifikati1.3 Standards relatati2. Rekwiżiti identifikati
3. Standards relatati
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