355 regulation of the financial market authority (FMA), which modifies the 4 derivatives and derivative instruments reporting regulation
On the basis of §§ 73 para 1 subpara 2 and 152 of the investment fund law 2011 - InvFG 2011, Federal Law Gazette I no. 77, amended by Federal Law Gazette I no. 184/2013, is prescribed: the regulation about the risk calculation and reporting of derivatives - 4 derivatives-derivative instruments and reporting regulation, Federal Law Gazette II No. 266/2011, as last amended by the regulation BGBl. II No. 102/2013, is amended as follows :
1. pursuant to article 2, the following paragraph 2a and heading is inserted:
§ 2a. (1) the message must be in Extensible Markup format in the way of the incoming platform of the FMA language (XML) -. The whole message of a management company must be in an XML file. The message is based on the XML to create schema definition (XSD) - requirements of the FMA.
(2) the message includes the following data:
1. name of the management company;
2. bank code of the management company;
3. international securities identification number (ISIN) of the investment funds, up to 12 characters, alphanumeric;
4. name of the investment fund, a maximum of 100 characters, alphanumeric;
5 percent, maximum 3 digits, numeric risk claim;
6 maximum risk specifying of the period in %, maximum 3 digits, numeric;
7. application of the relative value at risk (VaR)-approach, a point, "J" / "j" or "N", "n";
8. application of the absolute VaR approach, a point, "J" / "j" or "N" "n";
9. special investment limits according to fund regulations (maximum total risk of derivative instruments (commitment approach) or maximum identifiable risk amount (VaR) according to fund regulations), a maximum of 300 points, alphanumeric;
(3) in the case of empty messages ISIN are to submit name of investment funds and risk giving."
2. § 27 Z 2-4 are:
"2. a Member State authorised credit institutions in accordance with article 4 para 1 No. 1 of the Regulation (EU) No. 575/2013 on supervision requirements for credit institutions and investment firms and for amending the Regulation (EU) No. 648/2012, OJ" No. L 176 of the 27.6.2013 p. 1;
3. foreign credit institutions in accordance with § 2 Z 13 of the law on banking - Banking Act, Federal Law Gazette I no. 532/1993, as amended by Federal Law Gazette I would be no. 184/2013, with its seat in a central State, which in accordance with part 3 title II, Chapter 2 of Regulation (EU) No. 575/2013 with a risk weight of not more than 20 per cent to provide;
"4. investment firms referred to in article 4 para 1 No. 2 of the Regulation (EU) No. 575/2013 with the seat in a central State, which would be to provide 3 title II, Chapter 2 of Regulation (EU) No. 575/2013 with a risk weight of not more than 20% in accordance with part."
3. section 36 be appended following para. 4 and 5:
"(4) § 2a along with heading and paragraph 27 Z 2 to 4 in the version of regulation BGBl. II Nr 355/2013 with 1 January 2014 into force." § 2a shall apply for the first time on messages to 31 March 2014.
"(5) the regulation of the financial market authority (FMA) on the nature of electronic transmission of message of derivatives (derivatives reporting system regulation 2011 - 2011 DMV), Federal Law Gazette II No. 267/2011, occurs at the end of 31 December 2013 override."
Ettl Kumpf Müller