EMIR - Reporting obligations

Financial counterparties are also obliged to report amendments to contracts and terminations of contracts. The reporting obligation thus applies to OTC derivatives traded through CCPs, non-cleared OTC derivatives and derivatives traded in regulated markets or multilateral trading facilities (exchange-traded derivatives – ETDs).

For more information, see ESMA's page on EMIR Reporting.

To which OTC derivatives do the reporting obligations apply?

Counterparties and CCPs must report the details of all their derivative contracts to a registered trade repository. They are also required to report amendments to contracts and terminations of contracts. Hence, the reporting obligation applies to all derivatives contracts, i.e. OTC derivative contracts (centrally cleared or otherwise) and derivatives contracts concluded on a regulated market or a multilateral trade platform. The contract details must be reported on the business day following the day the contract was concluded, amended or terminated at the latest.

To which institutions does the reporting obligation apply?

The reporting obligation applies to all counterparties entering into derivatives contracts. In certain cases, EMIR provides that a financial counterparty is also responsible for reporting the non-financial counterparty with which it enters into a derivatives contract (Art. 9(1a) of EMIR).

Submission of reports

Counterparties and CCPs must report the information to a trade repository registered with ESMA.