EU Commission adopts delegated and implementing acts developed pursuant to EMIR REFIT

Pursuant to Regulation EU 2019/834 (EMIR REFIT) that empowered ESMA to develop implementing and regulatory technical standards relating to the reporting framework under EMIR, the European Commission adopted the following acts on the 10th of June the following:

 

  • COMMISSION DELEGATED REGULATION (EU) /… supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards specifying the minimum details of the data to be reported to trade repositories and the type of reports to be used (reference number C(2022)3589); and the accompanying Annex thereof The delegated regulation repeals and replaces regulation EU 148/2013 as amended.

 

  • COMMISSION DELEGATED REGULATION (EU) /… supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to regulatory technical standards specifying the procedures for the reconciliation of data between trade repositories and the procedures to be applied by the trade repository to verify the compliance by the reporting counterparty or submitting entity with the reporting requirements and to verify the completeness and correctness of the data reported (reference C(2022)3581); and the accompanying Annex The delegated regulation sets inter alia what values from the submitted EMIR reports will be reconciled at a TR level as well as the feedback TRs will be providing to reporting counterparties regarding reconciliations

 

  • COMMISSION IMPLEMENTING REGULATION (EU) …/… laying down implementing technical standards for the application of Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to the standards, formats, frequency and methods and arrangements for reporting (reference number C(2022)3588); and the accompanying Annex The implementing regulation repeals and replaces regulation EU 1247/2012 as amended.

 

The adopted delegated regulations will be subject to scrutiny by the EU Parliament’s Economic and Monetary affairs committee for a period of 3 months (with an additional 3 months if so requested). If approved as is and upon their publication in the Official Journal of the EU they come into force on the twentieth day following their publication in the Journal and they begin to apply on the first Monday following the date corresponding to 18 months after the date of entry into force.

The adopted implementing regulation upon its publication in the Official Journal of the EU comes into force on the twentieth day following their publication in the Journal and begin to apply on the first Monday following the date corresponding to 18 months after the date of entry into force.

On the same day the Commission also adopted delegated regulations C(2022)3585, C(2022)3590 and implementing regulations C(2022)3580, amending regulations EU 150/2013, 151/2013 and 1248/2012 respectively.