Notifications; authorisation to issue statutory instruments

(1) A central counterparty must notify the Federal Institute and the Deutsche Bundesbank, each as at month-end, of: 1. compliance with the margin requirements under Article 41(1), second and third sentences, of Regulation (EU) No 648/2012, 2. the total of the default fund or funds under Article 42(1) of Regulation (EU) No 648/2012, 3. the total of the other financial resources under Article 43 of Regulation (EU) No 648/2012, including a statement of whether the default fund and the other financial resources can absorb the default of the two clearing members determined under Article 43(2) of Regulation (EU) No 648/2012, 4. as at the reporting date, the total of the credit lines or similar facilities available to cover liquidity needs, together with the respective counterparties in each case, and the potential daily liquidity need under Article 44(1) of Regulation (EU) No 648/2012, 5. the total of all collateral received during the reporting period under Article 46(1) of Regulation (EU) No 648/2012, broken down by collateral in the form of cash, securities, and guarantees; the cash collateral must be further broken down by currency, and the securities by type, by the respective haircut, and by their respective share of total collateral, and, where applicable, by the time of release; and 6. the counterparties with which financial resources within the meaning of Article 47 of Regulation (EU) No 648/2012 were invested as at the reporting date, stating in each case the volume invested and the collateralisation provided.
(2) The documents to be submitted to the Federal Institute under Regulation (EU) No 648/2012 must be prepared and submitted in German and, at the Federal Institute's request, additionally in English. The Federal Institute may permit the documents to be prepared and submitted exclusively in English.
(3) The Federal Ministry of Finance may, by statutory instrument not requiring the consent of the Bundesrat, in consultation with the Deutsche Bundesbank and after hearing the umbrella associations of institutions, issue more detailed provisions on 1. the nature, scope, timing, and form of the notifications required under subsection (1) and of any documents required as evidence, 2. the permissible data carriers, transmission channels, and data formats for these notifications, and 3. a supplementing of the notification duties existing under subsection (1) by the submission of collective notifications and collective statements, insofar as this is necessary for the Federal Institute to perform its tasks, in particular to obtain uniform documents for assessing the clearing conducted by central counterparties. The Federal Ministry of Finance may transfer this authorisation to the Federal Institute by statutory instrument, on the basis that the statutory instrument is to be issued in agreement with the Deutsche Bundesbank.