To help understand your firm’s requirements, see our links to useful information on UK European Market Infrastructure Regulation (UK EMIR), including statutory information and Handbook guidance for implementing UK EMIR.
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This isn't intended to be a comprehensive list of relevant information and isn't a substitute for your own research.
The latest statutory changes after the transition period
Following the end of the transition period, these 8 statutory instruments make changes to onshore into UK law the European Market Infrastructure Regulation (EMIR):
- Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc, and Transitional Provision) (EU Exit) Regulations 2020
- The Securitisation (Amendment) (EU Exit) Regulations 2019
- The International Accounting Standards and European Public Limited-Liability Company (Amendment etc.) (EU Exit) Regulations 2019
- The Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment etc and Transitional Provision) (EU Exit) (No 2) Regulations 2019 and Explanatory Memorandum
- The Over the Counter Derivatives, Central Counterparties and Trade Repositories (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2019 and Explanatory Memorandum
- The Trade Repositories (Amendment and Transitional Provision) (EU Exit) Regulations 2018 and Explanatory Memorandum
- The Central Counterparties (Amendment, etc., and Transitional Provision) (EU Exit) Regulations 2018 and Explanatory Memorandum
- The Securities Financing Transactions, Securitisation and Miscellaneous Amendments (EU Exit) Regulations 2020
The changes to onshore the EU EMIR Technical Standards
The Technical Standards (European Market Infrastructure Regulation) (EU Exit) (No 1) Instrument 2019 onshores the following technical standards:
- Commission Implementing Regulation (EU) 1248/2012 of 19 December 2012 laying down implementing technical standards with regard to the format of applications for registration of trade repositories according to Regulation (EU) 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories;
The Technical Standards (European Market Infrastructure Regulation) (EU Exit) (No 2) Instrument 2019 onshores the following technical standards:
- Commission Delegated Regulation (EU) No 148/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories with regard to regulatory technical standards on the minimum details of the data to be reported to trade repositories; and
- Commission Delegated Regulation (EU) No 149/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory 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.
The Technical Standards (European Market Infrastructure Regulation) (EU Exit) (No 3) Instrument 2019 onshores the following technical standards:
- Commission Delegated Regulation (EU) 150/2013 of 19 December 2012 supplementing Regulation (EU) 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories with regard to regulatory technical standards specifying the details of the application for registration as a trade repository; and
- Commission Delegated Regulation (EU) 151/2013 of 19 December 2012 supplementing Regulation (EU) 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories, with regard to regulatory technical standards specifying the data to be published and made available by trade repositories and operational standards for aggregating, comparing and accessing the data.
The Technical Standards (European Market Infrastructure Regulation) (EU Exit) (No 4) Instrument 2019 onshores the following technical standards:
- Commission Implementing Regulation (EU) No 1247/2012 of 19 December 2012 laying down implementing technical standards with regard to the format and frequency of trade reports to trade repositories according to Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories
The Technical Standards (Securities Financing Transactions Regulation) (EU Exit) (No 2) Instrument 2020 onshores the amendments to the following technical standards:
- Commission Implementing Regulation (EU) No 1247/2012 with regard to the use of reporting codes in the reporting of derivative contracts
The Bank of England and Prudential Regulation Authority have also published Technical Standards relating to aspects of UK EMIR where they are the relevant competent authority:
FCA Handbook
Our supervision manual (SUP) and decision procedure and penalties manual (DEPP) include guidance on notifications and applications to us. In addition, new sections under DEPP and the Enforcement Guide (EG) have been included on supervisory and enforcement powers in relation to Trade Repositories (TRs).
Our Handbook also lists the relevant guidance material to be used when implementing UK EMIR requirements.
29/08/2019: Link changed Updated EU Commission FAQs link