EMIR

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EMIR

EMIRAlso called european Market Infrastructure Regulation, regulation (EU) No 648/2012

Definition

EMIR, the European Market Infrastructure Regulation, is the EU law governing derivatives. It requires both counterparties to report every derivative contract to a registered trade repository, makes certain OTC derivatives subject to central clearing, and sets risk mitigation rules such as margin exchange for uncleared trades. It also regulates central counterparties and trade repositories.

UTI 7X42 BANK AUTI 7X42 BANK BCUSTOMERSANCTIONS LISTPAIRED, MATCHED
Fig. 1 · EMIR
EMIR · EMIR Refit reporting · EMIR 3
Key rulesEMIR · EMIR Refit reporting · EMIR 3 · UK EMIR Refit
Applies toEU counterparties to derivatives, CCPs and trade repositories
RegionsEU · UK
01

How it works

Financial and large non-financial counterparties report new, modified and terminated derivatives to a trade repository by the next working day. Each trade carries a unique transaction identifier shared by both sides, and the repository reconciles the two reports. Since EMIR Refit in April 2024, reports use ISO 20022 XML with more fields. Firms above clearing thresholds clear in-scope contracts through authorised CCPs.

Regulators use EMIR data to see the build-up of risk in derivatives markets, which was hidden before 2008. Reporting errors, unpaired trades and late reports are common supervisory findings. EMIR 3, in force since 24 December 2024, adds an active account requirement at EU CCPs. The UK runs its own onshored version, with UK EMIR Refit reporting live since 30 September 2024.

Step 1Classify counterpartyDetermine status and position against clearing thresholds.
Step 2Agree UTIShare one unique transaction identifier with the other side.
Step 3Report by T+1Send ISO 20022 reports to a trade repository.
Step 4ReconcileResolve unpaired and unmatched reports with counterparties.
02

The rules

EU · 16 August 2012EMIRRegulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories

Sets derivatives reporting, central clearing and risk mitigation obligations and regulates CCPs and trade repositories.

EU counterparties to derivatives, CCPs and trade repositories
EU · 29 April 2024EMIR Refit reportingCommission Delegated Regulation (EU) 2022/1855 and Implementing Regulation (EU) 2022/1860

Introduced revised reporting fields, ISO 20022 XML format and stricter data quality requirements for trade reports.

EU derivatives counterparties
EU · 24 December 2024EMIR 3Regulation (EU) 2024/2987 amending EMIR

Introduces the active account requirement at EU CCPs and changes clearing thresholds and CCP supervision.

EU financial and non-financial counterparties above clearing thresholds
UK · 30 September 2024UK EMIR RefitFCA and Bank of England revised UK EMIR reporting standards

Applied revised reporting fields and ISO 20022 XML format to UK EMIR trade reports.

UK derivatives counterparties
03

Common questions

Who has to report under EMIR?

All EU counterparties to derivative contracts are in scope. Under EMIR Refit, financial counterparties report on behalf of small non-financial counterparties for OTC trades. Fund managers report for the funds they manage.

What is a UTI?

A unique transaction identifier is a code that both counterparties attach to their reports of the same derivative. Trade repositories use it to pair and reconcile the two sides. The counterparties agree which side generates it.

How does UK EMIR differ from EU EMIR?

UK EMIR is the version retained in UK law after Brexit and supervised by the FCA and Bank of England. The rules started out the same but now diverge, including separate Refit reporting standards and no EMIR 3 active account requirement.