Guideline on the Preparation and Submission of Supervisory Reports, Financial Reports, and Notifications by Central Counterparties

1
Based on Article 15, point 7 of the Act on the Croatian Financial Services Supervisory Agency (Official Gazette Nos. 140/05 and 12/12), the Croatian Financial Services Supervisory Agency, at a meeting of its Management Board held on 21 December 2022, adopts GUIDELINE ON THE PREPARATION AND SUBMISSION OF SUPERVISORY REPORTS, FINANCIAL REPORTS, AND NOTIFICATIONS BY CENTRAL COUNTERPARTIES
1. Introduction
This Guideline specifies in detail the format, signing, and submission method of supervisory reports, financial reports, as well as notifications and other documents submitted by central counterparties to the Croatian Financial Services Supervisory Agency (hereinafter: Hanfa) in accordance with Article 4 of the current Regulation on Supervisory Reports of Central Counterparties (hereinafter: Regulation on Supervisory Reports) and in accordance with Article 14 of the current Regulation on the Structure, Content, Method, and Deadlines for Submission of Annual Financial Reports and Audit Report, and Application of the Chart of Accounts for Central Counterparties (hereinafter: Regulation on Financial Reports). The terms used in this Guideline have identical meanings to the terms used in the Regulation on Supervisory Reports and the Regulation on Financial Reports.
2. Types of Reports and Notifications
a) The types of supervisory reports under the Regulation on Supervisory Reports to which this Guideline applies include a report submitted to Hanfa pursuant to Article 3, paragraph 5 of the Regulation as prescribed by ESMA:
1. ESMA_CCP data reporting form – Report with data required for information exchange with the regulatory college in accordance with Article 17 of Regulation (EU) No 648/2012,
as well as reports under Article 3, paragraphs 1 to 4 of the Regulation submitted to Hanfa via the following forms:
2. AK-CCP form – Report on the capital adequacy of central counterparties, in accordance with the provisions of Commission Delegated Regulation (EU) No 152/2013,
3. RPN-CCP form – General data on business accounts used by central counterparties,
4. UK-CCP form – Report on collateral management: collateral structure, members and clients, and fees,
5. TEST-CCP form – Report on model review, sensitivity testing, stress resilience back-testing, and retrospective testing,
6. LI-CCP form – Report on liquidity support and liquidity providers.
b) The types of financial reports under the Regulation on Financial Reports to which this Guideline applies include the following:

• Annual financial reports of central counterparties that must be audited by an auditor (together with the annual financial reports, the central counterparty submits the audit report and the annual report and audit report on the conducted audit), which consist of:
  1. Statement of financial position,
  2. Statement of comprehensive income,
  3. Statement of cash flows,
  4. Statement of changes in equity,
  5. Notes to the financial reports.
  Hanfa may request additional data, information, and explanations from central counterparties for individual items in the annual financial reports.
• Financial reports of central counterparties for periods during the business year as follows:
  a) for the three-month period with status on 31 March of the current year, b) for the six-month period with status on 30 June of the current year, c) for the nine-month period with status on 30 September of the current year.
• Unaudited annual financial reports.
  3. Format of Files for Supervisory and Financial Reports, Notifications, and Documents
  a) Supervisory reports under Article 3, paragraphs 1 to 4 of the Regulation on Supervisory Reports are submitted to Hanfa electronically via prescribed forms in XML format (defined in sub-points 2.-6. of point 2.a) of this Guideline), signed in accordance with point 7 of this Guideline. Supervisory reports under point 2.a) sub-point 1 are submitted to Hanfa electronically via the prescribed form in XLS format, signed in accordance with point 7 of this Guideline. Alongside the supervisory reports under point 2.a) of this Guideline, central counterparties may attach documents under Article 3, paragraph 8 of the Regulation on Supervisory Reports for the purpose of confirming data and statements in supervisory reports and notifications, submitting them electronically as PDF files (maximum 20 separate PDF files per submission via reports.hanfa.hr, and for submissions exceeding 20 PDF files, resubmission via reports.hanfa.hr is required), signed in accordance with point 7 of this Guideline. b) Financial reports under Article 13 of the Regulation on Financial Reports are submitted to Hanfa electronically via prescribed forms in XML format, signed in accordance with point 7 of this Guideline. Alongside the financial reports under point 2.b) of this Guideline, central counterparties, when dealing with annual financial reports, are required to attach the audit report as well as the annual report and audit report on the conducted audit under Article 13, paragraph 5 of the Regulation on Financial Reports, and in any case may attach documents providing additional data, information, and explanations for individual items in the annual financial reports in accordance with Article 4, paragraph 4 of the Regulation on Financial Reports, submitting them electronically as PDF files (maximum 20 separate PDF files per submission via reports.hanfa.hr, and for submissions exceeding 20 PDF files, resubmission via reports.hanfa.hr is required), signed in accordance with point 7 of this Guideline.
  4. Description of Files for Supervisory and Financial Reports in XML Format
  Central counterparties are required to prepare report files in accordance with the prescribed Hanfa XML schema. The procedure by which central counterparties convert report data into this specified format is determined and carried out by the central counterparty itself. XML schemas for preparing supervisory and financial reports are published at: http://reports.hanfa.hr/Documentation
  5. Description of Files for Supervisory Reports in XLS Format
  Report files in XLS format, which central counterparties are required to submit to Hanfa, are published at: https://www.hanfa.hr/trziste-kapitala/tehnicke-upute-i-obrasci/#section1
  6. Description of Notification Files in PDF Format
  Notification files in PDF format are intended for the submission of notifications and other free-text documents.
  7. Signing of Files
  The signing of files that central counterparties are required to submit is carried out in accordance with the current Technical Guideline for the Application of Electronic Signature in the Reporting Procedure of the Croatian Financial Services Supervisory Agency.
  8. Submission of Reports and Notifications
  a) Submission of reports under the Regulation on Supervisory Reports is carried out by direct access to Hanfa's computer system in the electronic data submission system (reports.hanfa.hr).
  Login to Hanfa's computer system is carried out in accordance with the Technical Guideline for Login and Operation with the Electronic Data Submission System Interface.
  In justified cases of technical inability to submit in the previously described manner, central counterparties are required to submit reports under this Guideline for timely reporting via one of the following methods:
  a) via Hanfa's Electronic Contact Point in electronic form, b) via postal service providers, or c) by personal delivery.
  Central counterparties are required to submit data through reports.hanfa.hr as soon as the reasons for such inability cease, and no later than within 8 days from the cessation of circumstances causing the technical inability. b) Submission of reports under the Regulation on Financial Reports is carried out by direct access to Hanfa's computer system in the electronic data submission system (reports.hanfa.hr). Login to Hanfa's computer system is carried out in accordance with the Technical Guideline for Login and Operation with the Electronic Data Submission System Interface. Additionally, submission of reports under this Guideline is carried out via one of the following methods:
  a) via Hanfa's Electronic Contact Point in electronic form, b) via postal service providers, or c) by personal delivery.
  9. Final Provisions
  Upon the entry into force of this Guideline, the Technical Guideline on the Preparation and Submission of Supervisory Reports, Financial Reports, and Notifications by Central Counterparties dated 20 October 2021, CLASS: 011-02/21-01/09, REG. NO: 326-01-60-61-21-01, ceases to be valid. This Guideline will be published on Hanfa's website and enters into force on 1 January 2023. CLASS: 011-01/22-01/06 REG. NO: 326-01-60-61-22-3 Zagreb, 21 December 2022. CHAIRMAN OF THE MANAGEMENT BOARD dr. sc. Ante Žigman