Post-trading/Clearing and Reporting (EMIR)

European Markets Infrastructure Regulation (EMIR)

EMIR came into force on 16 August 2012 and introduced requirements aimed at improving the transparency of OTC derivatives markets and to reduce the risks associated with those markets.

In order to achieve this, EMIR requires that OTC derivatives meeting certain requirements are subject to the clearing obligation and for all OTC derivatives that are not centrally cleared that risk mitigation techniques apply. In addition, all derivatives transactions need to be reported to TRs. Finally, EMIR establishes organisational conduct of business and prudential standards for both trade repositories (TRs) and central counterparties (CCPs).

Key EMIR provisions

  • Reporting obligation for derivatives contracts
  • Requirements for trade repositories (TRs)
  • Clearing obligation for OTC derivatives and risk mitigation techniques for non-cleared OTC derivatives including non-financial counterparties (NFC) obligations
  • Requirements for clearing houses/central counterparties (CCPs)

ESMA measures implementing EMIR

EMIR required ESMA to draft Regulatory and Implementing Technical Standards (RTS and ITS) to further detail and implement the provisions of EMIR.

These standards cover:

The provisions of EMIR together with deadlines included within the different technical standards imply a phased-in implementation of the legal framework.

EMIR timeline

Last update 19 March 2014
General
23/02/13
Publication of the delegated regulations in the Official Journal
15/03/13 A. Entry into force of the delegated regulations
Central counterparty clearing houses (CCPs)
15/09/13
Previously existing EU CCPs authorisation application deadline [A+6 months]
18/03/14 B. First EU CCP authorised
18/03/14   First notification for the clearing obligation under Art. 5 [immediately after B]
18/09/14(*)   ESMA to submit draft RTS on the clearing obligation [B + 6 months]
Trade repositories (TRs)
07/11/13 C. Adoption of the registration decision of the first trade repositories
12/02/14   Reporting start date for all asset classes [C+5 working days + 90 calendar days]

(*) Draft RTS on the clearing obligation will be proposed if the classes of OTC derivatives notified to ESMA meet the criteria defined in EMIR. The clearing obligation procedure defined in Article 5(2) of EMIR is triggered every time a new CCP clearing OTC derivatives is authorised, and the assessment by ESMA of the suitability of the classes for the clearing obligation will be performed only on the classes notified to ESMA. This means that if CCPs are authorised on different dates, several clearing obligation procedures may run in parallel.

About Post-trading

ESMA’s main roles in the post-trading area are implementing regulations on the EU’s markets infrastructure (EMIR) and central securities depositories (CSDR), co-ordinating issues such as settlement discipline and Target2-Securities (T2S), and providing information on the Settlement Finality Directive (SFD).

 

Library

Questions and Answers

18/12/2014 | CSDR: ESMA consults on implementing measures for new settlement regime

The European...See more

12/12/2014 | ESMA adds Holland Clearing House BV to list of authorised CCPs under EMIR

ESMA has today added the Holland Clearing House B.V. to its list of authorised CCPs under the...See more

04/12/2014 | ESMA to cooperate with Australian regulators on CCPs

The European Securities and Markets Authority (ESMA), the Australian Securities and Investments...See more

04/12/2014 | ESMA and Australian Securities and Investments Commission (ASIC) sign MoU on trade repository data

The European Securities and Markets Authority (ESMA) and the Australian Securities and...See more

Contacts

For general queries on EMIR please contact: emir-questions@esma.europa.eu

For queries on TR registration please contact: TR-Registration@esma.europa.eu

For queries on EU CCPs authorisation please contact: EU-CCP@esma.europa.eu

For queries on TC-CCPs (non-EU CCPs) recognition please contact: TC-CCP@esma.europa.eu

For queries on CSDR please contact: CSDR.Questions@esma.europa.eu 

 

Post-trading committees

Standing Committee

Consultative Working Group

 

Acronyms

List of acronyms on Post-Trading