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European Market Infrastructure Regulation (EMIR)

The European Market Infrastructure Regulation (EMIR) is a European Regulation [1] on reporting OTC (over the counter) derivative contracts to trade repositories and clearing standardised OTC derivative contracts through central counterparties (CCPs). EMIR also provides a framework for authorisation and supervision of CCPs under the responsibility of the national competent authorities (NCAs) of the Member States, as well as registration (or recognition) and supervision of trade repositories through the European Securities and Markets Authority (ESMA).

EMIR has a direct effect for EU Member States and does not have to be transposed into national legislation. EMIR addresses the rules governing OTC derivatives, CCPs and trade repositories and is further elaborated in various regulatory technical standards (RTS) and implementing technical standards (ITS). ESMA, the European Securities and Markets Authority, issues interpretations in the form of Q&As on the implementation of EMIR on a regular basis to ensure consistent implementation throughout the EU.

This document explains in general terms what EMIR entails and is relevant for banks, insurers, reinsurers, pension funds and premium pension institutions having their registered offices in the Netherlands. For more detailed information on EMIR, its implications for your institution and how you can meet its requirements, you are strongly advised to consult the ESMA website.

You can also send an email to EMIR@dnb.nl if you have any questions for DNB about EMIR. Please state in the subject line whether your question relates to a bank, insurance company, pension fund or premium pension institution.

[1] Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012

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