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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
28/09/2015 2015/1457 - Annex II Annex II- CSDR TS on CSD Requirements and Internalised Settlement Technical Standards PDF
1.44 MB
28/09/2015 2015/1457 Annex III Annex III- CSDR TS on CSD Requirements and Internalised Settlement Technical Standards PDF
910.14 KB
13/11/2015 2015/1674 Cover letter to COM- EMIR Technical Standards Letter PDF
28.51 KB
06/10/2014 20141002 CSDR mandates Letter PDF
43.4 KB
18/11/2013 2013/1657 Draft technical standards under EMIR on contracts with a direct, substantial and foreseeable effect within the Union and non-evasion Technical Standards PDF
394.75 KB

The European Securities and Markets Authority (ESMA) has issued final draft regulatory technical standards (RTS) related to derivative transactions by non-European Union (EU) counterparties. The RTS implement provisions of the Regulation on OTC derivatives, central counterparties and trade repositories (EMIR).

27/09/2012 2012/600 Draft technical standards under the Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC Derivatives, CCPs and Trade Repositories Technical Standards PDF
1.88 MB
31/07/2014 Markt/G3/GW/bh ARES(2014) EC letter to ESMA on classification of financial instruments Letter PDF
60.84 KB

The European Commission has written to ESMA regarding the definition of a financial instrument relating to foreign currency (FX contract).

20/03/2014 Ares(2014)513399 EC response on classification of financial instruments Letter PDF
194.08 KB

European Commission response to ESMA's letter to Michel Barnier, Commissioner for Internal Market and Services regarding the classificiation of financial instruments as derivatives sent on 14 February. ESMA Letter 2014/184

13/05/2013 804587 EMIR – Draft standard on the cross-border application of EMIR, (Art. 4(4) and 11(14)) Letter PDF
157.5 KB
18/06/2015 2015/943 ESMA letter to European Commission regarding CSRD Level 2 Measures Letter PDF
43.43 KB
21/11/2014 2014/1385 ESMA letter to European Commission regarding EMIR clearing obligation Letter PDF
34.57 KB
15/11/2013 2013/1655 ESMA reply to Commission letter on the reporting of exchange traded derivatives under EMIR Letter PDF
42.73 KB
15/03/2011 2011/94 ESMA response to the European Commission consultation on CSDs and securities settlement Letter PDF
54.2 KB
01/03/2013 308184 European Commission extends deadline for ESMA advice on equivalence of non-EU rules with EMIR Letter PDF
137.93 KB

On February 27, the European Commission extended for four months the deadline for ESMA advise on the equivalence between non-EU legal and supervisory frameworks and EMIR, the European Markets Infrastructure Regulation.  According to the letter from the Commission, ESMA shall now deliver its advice on Japan and the USA by 15 June 2013 and, for the remaining countries specified in the request by 15 July 2013.  The original deadline was 15 March 2013.

26/09/2013 DG Markt MJ/acg (2013) 3265823 European Commission letter regarding Draft Technical Standard on the Cross-Border Application of EMIR Letter PDF
82.86 KB
13/02/2015 EC-15-639 European Commission letter regarding EMIR clearing obligation on Interest Rate Swaps Letter PDF
183.74 KB
17/07/2014 JC/2b D(2014) 2392454 European Commission response to ESMA letter regarding frontloading requirement under EMIR Letter PDF
71.29 KB
28/09/2015 2015/1457 Final Report CSDR TS on CSD Requirements and Internalised Settlement Technical Standards PDF
467.07 KB
02/10/2015 2015/1481 Final Report Draft technical standards on the Clearing Obligation – Index Credit Derivatives Technical Standards PDF
781.24 KB
08/08/2013 2013/1087 Final Report on amended EMIR implementing technical standards Technical Standards PDF
335.07 KB

The European Securities and Markets Authority (ESMA) has sent the European Commission a Final Report proposing an amendment to Article 5 of the Commission Implementing Regulation (EU) No.1247/2012 (ITS on reporting) on the format and frequency of reporting to trade repositories under EMIR. The amendment relates specifically to the reporting of exchange traded derivatives (ETDs) and proposes postponing the reporting start date by one year. Background Article 5 regards the reporting start date of derivatives to trade repositories, however the current dates do not include a specification of ETDs. This specification would be useful as there is a risk currently that reporting of ETDs is not harmonised unless further regulatory guidance is issued. Based on the need to ensure the consistent implementation of EMIR, ESMA considered that guidelines and recommendations should be developed in relation to this issue. A delay in the reporting date for ETD transactions will allow sufficient time for the development of the relevant guidelines and their implementation by counterparties, trade repositories and regulators. The European Commission has three months to decide whether to endorse ESMA’s draft implementing technical standards.