Decision on the Method of Notification in accordance with Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories

General Provisions

Article 1.
This Decision prescribes the method of notification to the Croatian Financial Services Agency (HANFA) for the following notifications in accordance with Articles 4, 4a, 9, 10, 11 and 31 of Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories:

• Notification of the intention to apply the exemption from the clearing obligation through a central counterparty for intragroup transactions under Article 4 of Regulation (EU) No 648/2012,
• Notification of exceeding the clearing threshold for financial counterparties under Article 4a(1) of Regulation (EU) No 648/2012,
• Notification of falling below the clearing threshold for financial counterparties under Article 4a(2) of Regulation (EU) No 648/2012,
• Notification of the intention to apply the exemption from the reporting obligation for intragroup transactions under Article 9(1) of Regulation (EU) No 648/2012,
• Notification of exceeding the clearing threshold for non-financial counterparties under Article 10(1) of Regulation (EU) No 648/2012,
• Notification of falling below the clearing threshold for non-financial counterparties under Article 10(2) of Regulation (EU) No 648/2012,
• Notification of the intention to apply the exemption from the application of risk mitigation techniques related to the collateral exchange obligation under Article 11 of Regulation (EU) No 648/2012,
• Notification of the intention to acquire or increase a qualifying holding in a central counterparty under Article 31 of Regulation (EU) No 648/2012,
• Notification of the intention to dispose or reduce a qualifying holding in a central counterparty under Article 31 of Regulation (EU) No 648/2012.

Meaning of Certain Terms

Article 2.
(1) The following terms have the specified meanings for the purposes of this Decision:

1. HANFA is the Croatian Financial Services Agency,
2. The Act is the Act on the Implementation of Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (Official Gazette No. 54/13),
3. Regulation (EU) No 648/2012 is Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories,
4. Notification is the notification that financial and non-financial counterparties, as well as natural or legal persons intending to acquire or dispose of, or increase or reduce a qualifying holding in a central counterparty, are required to submit to the Agency in accordance with Articles 4, 4a, 9, 10, 11 and 31 of Regulation (EU) No 648/2012 and Article 14 of the Act,
5. ESMA is the European Securities and Markets Authority, established by Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC,
6. financial counterparty means a financial counterparty as defined in Article 2(4) of Regulation (EU) No 648/2012, which is subject to the clearing obligation in accordance with the conditions set out in Article 4a of Regulation (EU) No 648/2012,
7. non-financial counterparty means a non-financial counterparty as defined in Article 2(9) of Regulation (EU) No 648/2012.
   (2) Other terms used in this Decision have the same meaning as the terms used in Regulation (EU) No 648/2012.

Method of Notification

Article 3.
(1) A financial or non-financial counterparty intending to apply the exemption from the clearing obligation through a central counterparty for intragroup transactions under Article 4(2) of Regulation (EU) No 648/2012, or the exemption from the application of risk mitigation techniques related to the collateral exchange obligation under Article 11(6), (7), (8), (9) and (10) of Regulation (EU) No 648/2012, is required to submit a notification to HANFA in writing, to the registered office address of HANFA, and by electronic mail, within the period prescribed by Article 4(2) of Regulation (EU) No 648/2012 (at least 30 days before the start of application of the exemption), or within the periods prescribed by Article 11 of Regulation (EU) No 648/2012. (2) Financial and non-financial counterparties are required, within the periods and under the conditions prescribed by Articles 4a and 10 of Regulation (EU) No 648/2012, to submit notifications under Articles 4a and 10 of Regulation (EU) No 648/2012 to HANFA in PDF and EXCEL format. Data submitted in PDF format must be identical to the corresponding data submitted in EXCEL format. The relevant forms are available on HANFA's website (http://www.hanfa.hr/nav/129/ztk---tehnicke-upute-iobrasci.html). (3) Notifications of the intention to apply the exemption under Article 9(1) of Regulation (EU) No 648/2012 are submitted to HANFA in PDF and EXCEL format. Data submitted in PDF format must be identical to the corresponding data submitted in EXCEL format. The relevant forms are available on HANFA's website (http://www.hanfa.hr/nav/129/ztk---tehnicke-upute-iobrasci.html). (4) A natural or legal person intending to acquire or dispose of, or increase or reduce a qualifying holding in a central counterparty, is required to submit the notification under Article 31(2) of Regulation (EU) No 648/2012 to HANFA in writing, to the registered office address of HANFA, and by electronic mail. (5) Notifications under paragraphs 1 to 4 of this Article are submitted to the email address EMIR@hanfa.hr within the periods prescribed by Regulation (EU) No 648/2012 and simultaneously by post to the registered office address of HANFA, and must be signed by an authorized representative of the legal person, or by a natural person intending to acquire or dispose of, or increase or reduce a qualifying holding in a central counterparty under paragraph 4 of this Article, if the intended acquirer is a natural person.

Form and Content of Notifications

Article 4.
(1) The relevant forms for submitting notifications under Articles 4, 4a, 9, 10 and 11 of Regulation (EU) No 648/2012 in EXCEL format are available in Croatian on HANFA's website. Forms in English, for the purposes of notifying ESMA under Articles 4a and 10 of Regulation (EU) No 648/2012, are available on ESMA's website (http://www.esma.europa.eu/page/European-Market-Infrastructure-Regulation-EMIR). (2) HANFA is not liable for the accuracy of data in a document prepared by completing the forms referred to in paragraph 1 of this Article. (3) The form and content of notifications regarding the intention to apply exemptions under Article 4(2) and Articles 11(6), (7), (8), (9) and (10) of Regulation (EU) No 648/2012 are defined by Article 18 of Commission Delegated Regulation (EU) No 149/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards on central clearing arrangements, clearing obligation, public register, access to a trading venue, non-financial counterparties and risk mitigation techniques for OTC derivative contracts not cleared through a central counterparty, as well as by HANFA Decisions available in Croatian on HANFA's website. (4) The content of notifications regarding the intention to apply the exemption under Article 9(1) of Regulation (EU) No 648/2012 is defined by Articles 3 and 9 of Regulation (EU) No 648/2012, and by a HANFA Decision available in Croatian on HANFA's website. (5) The form and content of notifications regarding the intention to acquire or dispose of, or increase or reduce a qualifying holding in a central counterparty under Article 31(2) of Regulation (EU) No 648/2012 are prescribed by HANFA through a specific act, in accordance with Article 542(6) of the Capital Market Act (Official Gazette No. 65/2018).

Identification of Non-Financial Counterparties Submitting Notifications

Article 5.
(1) In addition to submitting notifications under this Decision, a non-financial counterparty must submit to HANFA data from which the identity of the non-financial counterparty and the identity of the person authorized by the non-financial counterparty to submit notifications (if different from the non-financial counterparty) can be determined. The aforementioned data include:

1. for natural persons:
   • first name, surname, maiden name, place and date of birth, address of residence or habitual abode, nationality and contact details;
   • a certified copy of the passport or identity card;
2. for legal persons:
   • company name and registered office, as well as contact details of the legal person;
   • a historical extract from the court or other relevant register, not older than 30 days.
     (2) The data under paragraph 1 of this Article are submitted to HANFA in PDF format to the email address EMIR@hanfa.hr, and simultaneously in writing to the registered office address of HANFA.

Transitional and Final Provisions

Article 6.
(1) This Decision will be published on HANFA's website.
(2) This Decision enters into force on the day of its adoption.
(3) Upon entry into force of this Decision, HANFA's Decision of 20 September 2013 on the method of notification in accordance with Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories is repealed.

CLASS: 011-02/19-01/04
REGISTRATION NO.: 326-01-70-19-01
In Zagreb, 25 July 2019.
CHAIRMAN OF THE GOVERNANCE BOARD dr. sc. Ante Žigman