The European Securities and Markets Authority (ESMA) today has fined the trade repository DTCC Derivatives Repository Limited (DDRL) €64,000, and issued a public notice, for negligently failing to put in place systems capable of providing regulators with direct and immediate access to derivatives trading data.
This is a key requirement under the European Markets and Infrastructure Regulation (EMIR) in order to improve transparency and facilitate the monitoring of systemic risks in derivatives markets. This is the first time ESMA has taken enforcement action against a trade repository registered in the European Union (EU). DDRL is the largest EU registered trade repository.
ESMA found that DDRL failed to provide direct and immediate access to derivatives data from 21 March 2014 to 15 December 2014, a period of about nine months in which access delays increased from two days to 62 days after reporting and affected 2.6 billion reports. This was due to its negligence in:
- failing to put in place data processing systems that were capable of providing regulators with direct and immediate access to reported data;
- failing, once they became aware, to inform ESMA in a timely manner of the delays that were occurring; and
- taking three months to establish an effective remedial action plan even while delays were worsening.
DDRL’s failures caused delays to regulators accessing data, revealed systemic weaknesses in its organisation particularly its procedures, management systems or internal controls and negatively impacted the quality of the data it maintained.
Regulation (EU) 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR) came into force on August 16th, 2012 and introduced requirements aimed at improving the transparency of Over-The-Counter (OTC) derivatives markets and to reduce the risks associated with those markets.
To see the official release click here (PDF).