Team (2013:287) With Additional Provisions Applicable To The Eu's Regulation Of Otc Derivatives, Central Counterparties And Trade Repositories
Original Language Title: Lag (2013:287) med kompletterande bestämmelser till EU:s förordning om OTC-derivat, centrala motparter och transaktionsregister
Read the untranslated law here: http://rkrattsbaser.gov.se/sfst?bet=2013:287
Chapter 1. Introductory provisions
section 1 of this Act is complementary to the European Parliament and of the Council
Regulation (EU) No 648/2012 on OTC derivatives, Central
counterparties and trade repositories.
Terms and expressions in this Act have the same meaning as in
Regulation (EU) No 648/2012.
section 2 of the financial supervisory authority is the competent authority in accordance with regulation
(EU) No 648/2012.
Chapter 2. Clearingskyldighet, reporting requirements and
risk reduction for OTC derivatives
section 1 of the financial supervision authority shall decide that the special levy shall
taken out of it to override their obligations under
Regulation (EU) No 648/2012 by
1. do not hand over OTC derivatives clearing in central
counterparty (article 4),
2. do not ensure that data on derivatives contracts be reported
to transactional registry (article 9),
3. do not notify the European Securities and
markets authority and the financial supervision authority if the positions of the
OTC derivatives when these positions exceeds the relevant
thresholds (article 10), or
4. do not introduce appropriate procedures and systems to measure,
monitor and mitigate operational risks and credit risks
The special levy shall amount to not less than 5 000 kroons and
a maximum of 50 million.
A special fee to the State.
section 2 of the special fee may only be withdrawn if the fee
applies, within two years from the time the infringement took place, has
notification of a statement that the issue of the special fee has
raised by the FSA.
§ 3 If the infringement is minor or excusable or the
otherwise, there is a special reason, a specific fee remitted
in whole or in part.
4 section a special fee is payable to the financial supervisory authority
within thirty days after the decision to take out
levy has become final or the longer time specified
in the decision.
section 5 Of the special fee has not been paid within the time
as indicated in paragraph 4 of the financial supervision authority shall submit the unpaid
the fee for the recovery.
Provisions of the Recovery Act (1993:891) if
recovery of State assets, etc.
paragraph 6 of The decision on the special levy shall be enforced under
the enforcement code, if the fee has not been paid within the time
as specified in section 4.
section 7 a specific charge falls away to the extent
enforcement has not been made within five years from the
the decision to withdraw the charge became final.
Chapter 3. Transaction records
section 1 of the financial supervision authority may request the assistance of the
Enforcement authority for an on-the-spot check in accordance with
Article 63 of Regulation (EC) No 648/2012 shall be
For assistance in enforcement of the provisions of the code
enforcement of obligations that do not relate to
payment obligation or eviction. About Finansinspektionen
request it, the bailiff does not notify in advance
most of the checks to be carried out.
section 2 of the Swedish enforcement authority is the authority responsible for
authenticity according to article 68 of Regulation (EU) no
Decision on the charges or penalties referred to in the regulation,
enforced under the enforcement code in the same way as a
Swedish judgment which has become final, unless otherwise
comply with the regulation.
Chapter 4. Common provisions
Article 1 of that Regulation (EU) No 648/2012 is followed
the Swedish financial supervisory authority may submit to the
1. a company or another to provide
information, documents, or other things, and
2. are expected to be able to provide information on the matter to
to appear for interrogation at the time and place that the inspection
The first subparagraph shall not apply to the extent
provision would be contrary to the law regulated
confidentiality for lawyers.
section 2 of the financial supervision authority shall also order the person who has
failed to fulfil its obligations under Regulation (EC) no
648/2012 to within some time take a particular action to be
to correct the situation or cease a particular
section 3 of an order under this Act may be subject to a penalty.
Fees to the FSA
paragraph 4 of the financial supervision authority may charge fees for the examination of
applications and notifications according to Regulation (EU) no
For FSA supervision according to this law
institutions under supervision pay an annual
The Government may provide for fees referred to in the first
and second subparagraphs.
paragraph 5 of the decision of the financial supervisory authority in accordance with this law and in accordance with
Regulation (EU) No 648/2012 may be appealed to the General
Leave to appeal is required for an appeal to
the administrative court.
paragraph 6 of the financial supervision authority may decide that a
the decision will apply immediately, subject to the
Regulation (EU) No 648/2012.
1. this law shall enter into force on 1 June 2013.
2. Special fee may be imposed only for offences
have taken place after the entry into force.
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