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The purpose of this document is to promote common supervisory approaches and practices in the application of EMIR. ESMA appreciates that it will require a certain amount of time for both reporting firms and TRs to properly incorporate this further guidance. Other areas covered by the updated Q&A include OTC derivatives and CCP requirements.
The content of this document is aimed at competent authorities under the Regulation to ensure that in their supervisory activities their actions are converging along the lines of the responses adopted by ESMA. It should also help investors and other market participants by providing clarity on the requirements under EMIR.
ESMA will periodically review these questions and answers to identify if, in a certain area, there is a need to convert some of the material into ESMA Guidelines and recommendations. Any questions on the practical application of any of the EMIR requirements, including the requirements in EMIR’s technical standards, may be addressed to ESMA at EMIR-questions@esma.europa.eu
Regulatory Reform has published a detailed list of the specific updated questions - view.