ESMA updates its EMIR-related Q&A
Chris Hamblin, Editor, London, 5 August 2016
The European Securities and Markets Authority has issued a new list of practical questions and answers about the European Markets Infrastructure Regulation.
This includes a new answer in relation to reporting of trades cleared by a clearing house that is not a central counterparty clearing house (CCP) as defined in EMIR. The Q&A states that such entities should not be identified in the 'CCP ID' field of EMIR reports. Also, in the case of trades that are executed in an anonymised market and cleared by a clearing house, the counterparty executing the transaction should, in the supranational regulator's words, "ask for the trading venue or the clearing house that matches the counterparties to disclose the identity of the other counterparty before the reporting deadline."
The purpose of this document is to standardise EMIR regulation. It provides responses to questions posed by the general public, market participants and regulator in relation to the practical application of the regulation.