ISDA Focus: European Market Infrastructure Regulation (EMIR)

ISDA's role in European regulatory reform

ISDA is an active participant in discussions with European legislators regarding the proposal for European Market Infrastructure Regulation (EMIR). ISDA supports a resilient and efficient market infrastructure that will serve to reduce risk via clearing, increased use of trade repositories and sound bilateral risk management processes.  This means:

  • Robustly regulated clearinghouses (CCPs) – given the level of risk concentrated in one or a small number of CCPs therein.
  • Regulators should have comfort and clear criteria regarding the products that CCPs can and should clear.
  • EU legislation should be internationally coherent and interact well with legislation from other jurisdictions – in line with the G20 commitment to “implement global standards consistently in a way that ensures a level playing field and avoids fragmentation of markets, protectionism, and regulatory arbitrage”.  
  • Bilateral risk management processes designed to provide certainty, security and efficiency for products that clearing houses cannot risk manage.  
  • Rules for trade repositories which ensure that regulators can make good use of them, avoid duplication of reporting (locally and internationally) and ensure the integrity of information reported.

Below find the latest comment letters, press releases and publications pertaining to EU regulatory developments.


DateTitle / DescriptionDocuments
April 19, 2012
Extraterritorial legislation: the problems posed for markets, clients and regulators
Letter on extraterritoriality (ET) to US Treasury Secretary Geithner and EU Commissioner for Internal Markets and Services Barnier, from ISDA, GFMA, IBfed and Financial Services Roundtable.
Joint Trades ET Letter 19-4-2012.pdf
April 3, 2012
Response to EBA, ESMA, EIOPA Joint Discussion Paper on Risk Mitigation Techniques for Trades Not Cleared by a Central Counterparty
Response sent to the European Banking Authority, European Securities Markets’ Association and European Insurance and Occupational Pensions Authority
Response to EBA on Risk Mitigation Trades Not Cleared by CPP.pdf
March 21, 2012
ISDA, AFME, BBA response to first ESMA Discussion Paper on EMIR
ISDA, AFME, BBA response to first ESMA Discussion Paper on Draft Technical Standards for the Regulation on OTC Derivatives, CCPs and Trade Repositories
ISDA_AFME_BBA_ESMA_1st_EMIR_DP_response_final_20_march_clean.pdf
February 10, 2012
ISDA Comments on the Agreement Reached on the European Markets Infrastructure Regulation (EMIR)
Press Release
EMIR_10 feb_FINAL.pdf
January 19, 2012
Letter to Commissioner Barnier, Chairman Bowles & ECOFIN Chairman Corydon regarding European Supervisory Authorities (ESAs)
Letter from ISDA and 6 other associations to Commissioner Barnier, Chairman Bowles and ECOFIN Chairman Corydon, calling for European Supervisory Authorities to be given an appropriate amount of time to draft technical standards for EU legislation.
ISDA AFME ICMA FOA AIMA EACH EBF letter re ESA timeframes and prioritisation 17 jan 2012 FINAL.pdf
September 30, 2011
Non-discriminatory clearing access to market infrastructure providers
Joint industry letter on open access in EMIR to Michel Barnier, EC Commissioner for the Internal Market and Services
Open access in EMIR associations letter Sept30-2011.pdf
July 29, 2011
ISDA-AFME commentary of 29 July 2011 on the draft Council text on EMIR dated 18 July 2011.
01%20-%20ISDA_AFME_%20comments_on_EMIR_text_18_july_2011_with_annex_of_concerns.pdf
July 29, 2011
ISDA-AFME commentary on use of collateral regarding OTC derivative exposures at CCPs – 29 July 2011.
02-ISDA_AFME_Collateral_at_CCPs-Jul_201_ISDA_comment.pdf
July 29, 2011
ISDA-AFME commentary on indirect clearing under the EMIR – 29 July 2011.
03-ISDA_AFME_EMIR_comments-indirect_clearing_29_july_2011%5b1%5d.pdf
July 9, 2011
ISDA-AFME commentary of 7 July 2011 on the draft Council text on EMIR dated 14 June 2011.
04-%20ISDA_AFME_comments_on_14_June_HU_text_on_EMIR_dft_9_july%5b1%5d.pdf