Consultation on the Draft technical standards to further detail the new EMIR clearing thresholds regime

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Responding to this paper 

ESMA invites comments on all matters in this paper and in particular on the specific questions summarised in Annex 1. Comments are most helpful if they:

  • respond to the question stated;
  • indicate the specific question to which the comment relates;
  • contain a clear rationale; and
  • describe any alternatives ESMA should consider.

ESMA will consider all comments received by 16 June 2025. 

All contributions should be submitted online using the provided response form in docx format.

Publication of responses

All contributions received will be published following the close of the consultation, unless you request otherwise.  Please clearly and prominently indicate in your submission any part you do not wish to be publicly disclosed. A standard confidentiality statement in an email message will not be treated as a request for non-disclosure. A confidential response may be requested from us in accordance with ESMA’s rules on access to documents. We may consult you if we receive such a request. Any decision we make not to disclose the response is reviewable by ESMA’s Board of Appeal and the European Ombudsman.

Data protection

Personal data contained in the file will be published as submitted. If you don't wish such personal data to be publicly available, you should not include personal data within the document you upload to a public consultation. Alternatively, you may choose the option to not have your response published on the ESMA website. For further details on data processing, please refer to the record register.

Information on data protection can be found under the heading ‘Legal Notice and Data protection’.

Who should read this paper?

All interested stakeholders are invited to respond to this consultation paper. In particular, responses are sought from financial and non-financial counterparties entering into OTC derivative transactions, as well as from central counterparties (CCPs). 

Activity Institution Download
Others EnBW Energie Baden-Württemberg AG
  • 211104
Others Elettricità Futura
  • 211127
Others Oesterreichs Energie - Association of Austrian Electricity Companies
  • 211129
Issuers Deutsches Aktieninstitut e.V.
  • 211132
  • 211133
Banking German Banking Industry Committee - GBIC
  • 211134
Others BDEW - German Association of Energy and Water Industries
  • 211140
Others Proxigas
  • 211141
Others RWE
  • 211148
Banking Association of German Public Banks
  • 211149
Others CEZ Group
  • 211152
Others IOGP Europe
  • 211157
Investment Services Swedish Securities Markets Association
  • 211158
  • 211159
Others Commodity Markets Council - Europe
  • 211162
  • 211166
Others Eurelectric
  • 211165
  • 211169
Others Energy Traders Europe
  • 211178
  • 211179
Issuers EuropeanIssuers
  • 211170
Others FIA
  • 211272
Issuers EuropeanIssuers
  • 211173
Investment Services German Investment Funds Association BVI
  • 211176
  • 211177
Asset Management European Fund and Asset Management Association (EFAMA)
  • 211180
Others AXpo Solutions AG
  • 211183
Asset Management AFG
  • 211185
Others International Swaps and Derivatives Association (ISDA)
  • 211187
  • 211188
Others European Association of Corporate Treasurers (EACT)
  • 211193
Insurance and Pension Dutch Federation of Pension Funds
  • 211194
Others Italian Banking Association
  • 211242