Legal Framework

Current section provides information about the main legal framework that establishes the requirements under EMIR. Please note that this is not an exhaustive list. The full list with all of the legislative acts and proposals is available here.

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, also known as EMIR, is the main legislative act that sets out the legal framework regarding EMIR reporting. The English version of the Regulation 648/2012 is available here.  The German version of the Verordnung 648/2012 is available here. All other versions are available from this link.

Trade reporting requirements

Commission Delegated Regulation No 148/2013 of 19 December 2012 regarding technical standards on the minimum details of the data to be reported to the trade repositories.

Commission Implementing Regulation No 1247/2012 regarding the format and the frequency of trade reports to the trade repositories.

Commission Delegated Regulation No 151/2013 regarding technical standards specifying the data to be published and made available by trade repositories and operational standards for aggregating, comparing and accessing the data.

Revised RTS – Commission Delegated Regulation (EU) 2017/104 amending Delegated Regulation No 148/2013

Revised ITS – Commission Implementing Regulation (EU) 2017/105 amending Implementing Regulation No 1247/2012

OTC derivatives and clearing obligation

Commission Delegated Regulation No 149/2013 regarding technical standards on indirect clearing arrangements, the clearing obligation, the public register, access to a trading venue, non-financial counterparties, and risk mitigation techniques for OTC derivatives contracts not cleared by a CCP (central counterparty).

Commission Delegated Regulation No 285/2014 regarding technical standards on direct, substantial and foreseeable effect on contracts within the Union and to prevent the evasion of rules and obligations.

Guidances

Quick guide for non-financial counterparties (NFCs)

Guidance for applicant Trade Repositories

Practical guidance for third country (non-EU) CCPs