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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
12/11/2019 ESMA70-148-523 List of Central Counterparties authorised to offer services and activities in the Union Reference PDF
352.96 KB
05/12/2019 ESMA70-152-348 List of third-country CCPs recognised to offer services and activities in the Union Reference PDF
386.33 KB
05/01/2017 ESMA71-1154262120-155 Methodology for Mandatory Peer Reviews in relation to CCPs’ authorisation and supervision under EMIR , Reference PDF
334.98 KB
06/11/2015 NFC no CT Notification of NFC no longer exceeding the clearing threshold Reference XLSX
50.16 KB

This notification may be submitted to ESMA (EMIR-notifications@esma.europa.eu) preferably in Excel format, using the form hereby by a non-financial counterparty that no longer exceeds the clearing threshold for any of the following: 

a)     OTC credit derivative contracts;   
b)     OTC equity derivative contracts;   
c)     OTC foreign exchange derivative contracts;   
d)     OTC interest rate derivative contracts; and  
e)     OTC commodity derivative contracts and other OTC derivative contracts not defined under points (a) to (d). 
29/01/2015 2015/223 Opinion on draft RTS on the Clearing Obligation Opinion PDF
601.97 KB

Legal Basis According to Article 5(2) of Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (EMIR), the European Securities and Markets Authority (ESMA) shall develop draft regulatory technical standards specifying the class of OTC derivatives that should be subject to the clearing obligation, the date or dates from which the clearing obligation takes effect, including any phase in and the categories of counterparties to which the obligation applies, and the minimum remaining maturity of the OTC derivative contracts referred to in Article 4(1)(b)(ii) of EMIR. Background and Procedure On 1 October 2014, ESMA submitted a draft regulatory technical standard (RTS) on the clearing obligation to the European Commission pursuant to Article 10(1) of Regulation No (EU) 1095/2010 (the ESMA Regulation) and Article 5(2) of EMIR. This draft RTS covered Interest Rate Swaps. On 18 December 2014, the Commission informed ESMA of its intention to endorse with amendments this draft RTS and submitted to ESMA a modified version of the RTS (the “modified RTS”) introducing, among others, (1) amendments to the date on which the frontloading obligation starts to apply and (2) a new provision on the treatment of non-EU intragroup transactions. Pursuant to Article 10(1) of the ESMA Regulation, this notification from the Commission opens a period of six weeks during which ESMA may amend its draft RTS on the clearing obligation on the basis of the Commission’s proposed amendments and resubmit it to the Commission in the form of a formal opinion. ESMA has to send a copy of its formal opinion to the European Parliament and to the Council. In accordance with Article 44(1) of the ESMA Regulation the Board of Supervisors has to adopt a formal opinion. Executive Summary ESMA agrees with the ultimate objectives of the modifications that the European Commission intends to introduce. However, ESMA considers that the tool proposed by the Commission for the matter related to the non-EU intra group transactions is not appropriate from a legal perspective and, in the case that the Commission intention is to define a later application date for those transactions, ESMA stands ready to explore, in coordination with the Commission, a different manner to incorporate that provision. ESMA backs the modifications on the frontloading section, though has a few observations and improvements with respect to several recitals. ESMA proposes to incorporate the suggestion of the Commission to deal with the application of the 8 billion threshold to investment funds for the definitions of types of counterparties as a specific provision in the text of the RTS.

10/04/2017 ESMA70-708036281-18 Opinion on portfolio margining requirements under Article 27 of EMIR Delegated Regulation Opinion PDF
240.08 KB
15/11/2016 2016/1575 Opinion- Common indicators for new products and services under Article 15 and for significant changes under Article 49 of EMIR Opinion PDF
246.48 KB
01/10/2014 2014/1209 Press release- ESMA defines products, counterparties and starting dates for the clearing of interest rate swaps , Press Release PDF
94.72 KB

The European Securities and Markets Authority (ESMA) has today issued final draft regulatory technical standards (RTS) for the central clearing of Interest Rate Swaps (IRS) which it is required to develop under the European Markets Infrastructure Regulation (EMIR). The RTS define those types of IRS contracts which will have to be centrally cleared, the types of counterparties covered by the obligation and the dates by which central clearing of IRS will become mandatory for them.

11/12/2018 ESMA70-708036281-176 Public Register for the Clearing Obligation under EMIR Reference PDF
539.99 KB
02/10/2019 ESMA70-1861941480-52 Q&A on EMIR implementation Q&A PDF
1.46 MB
15/12/2016 2016/1661 RF Reply Form to CP- Draft technical standards on data to be made publicly available by TRs under Article 81 of EMIR Reference DOCX
758.01 KB
19/12/2016 2016/1672 reply form Reply Form to Technical Advice on fees for TRs under SFTR and on certain amendments of for fees under EMIR Reference DOCX
756.89 KB
23/05/2018 JC 2018 14 reply form Reply form- Consultation Paper Securitisation/Emir clearing obligation , Reference DOCX
764.86 KB
13/06/2018 ESMA70-151-1400 Report on supervisory measures and penalties under EMIR Report PDF
605.66 KB
18/01/2017 ESAS-2017-82 Report on the functionning of the CRR with the related obligations under EMIR Report PDF
602.75 KB
03/01/2013 2012/874 Report to the European Parliament, the Council and the Commission on the budgetary implications of Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR) Final Report PDF
526.73 KB
22/08/2018 ESMA70-151-1693 Response form CP on the Clearing Obligation under EMIR (no. 6) Reference DOCX
769.06 KB
17/11/2017 ESMA70-151-819a Response form EMIR consultation on position calculations Reference DOCX
771.37 KB
04/10/2019 ESMA70-156-1759 Response Form- Alignment of MiFIR with the changes introduced by EMIR Refit , Reference DOCX
748.22 KB
29/05/2019 ESMA70-151-2383 Response form- CP on EMIR_2_2_CCP fees Reference DOCX
752.36 KB