ISDA Focus: European Market Infrastructure Regulation (EMIR)


Click to access the ISDA 2013 EMIR NFC Representation Protocol.

Click to access the EMIR Recording of the Conference Call — March 20, 2013

Your EMIR Obligations: an ISDA Member Call — January 10, 2013
A replay of this call is in the Member Call Archive, available on the ISDA Member Portal (login required).

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
March 14, 2013
EMIR Timely Confirmation Amendment Agreement Form
Amends certain sections of the ISDA Master Agreement by incorporating wording to reflect the allocation of obligations imposed by EMIR in relation to the timely delivery and return of confirmations. Parties can elect to use none, some or all of the provisions as they deem suitable.
ISDA_EMIR_Timely_confirmations_Final_Version.doc
March 14, 2013
EMIR Timely Confirmation Amendment Explanatory Memorandum
Explanation of the timely confirmation amendment agreement.
EMIR_Timely_confirmations_memo FINAL.pdf
February 14, 2013
ISDA Commentary on EMIR Regulatory Technical Standards
Addressing portfolio reconciliation, dispute resolution and compressions.
Commentary for clarifications on EMIR RTS - PortRec DispRes PortComp FINAL.pdf
January 29, 2013
ISDA commentary on EMIR Regulatory Technical Standards
Addressing trade confirmation requirements.
ISDA confirmations commentary final - RTS 29 Jan 2013.pdf
September 12, 2012
Regulation of OTC derivatives markets: A comparison of EU and US initiatives
Prepared by Clifford Chance in September 2012. This paper is not intended to be comprehensive or to provide legal advice.
CliffCh-ISDA regulatory comparison of EU and US initiatives (Sept 2012).pdf
September 6, 2012
Joint Association response to HMT’s informal consultation on Segregation and Portability
On September 6, the British Banker’s Association (BBA), the International Swaps and Derivatives Association (ISDA) and the Futures and Options Association (FOA) (the Associations) responded to HMT’s informal consultation on Segregation and Portability.
BBA_response_to_HMT_Informal_Consultation_on_Segregation_and_Porting__final.pdf
August 28, 2012
European Commission response to ISDA letter of June 26 2012 regarding application of article 11 of EMIR
Addresses question of whether EMIR Article 11 margin requirements have retroactive effect. EC Response.
EC response EMIR article 11 retroactivity.pdf
August 5, 2012
Final ISDA-AFME-BBA-Assosim submission (including Annex) to ESMA re. EMIR draft RTS on OTC, CCP, TR
Final submission (including annex) to ESMA by ISDA, AFME, BBA and Assosim, on the consultation and draft RTS on OTC Derivatives, CCPs and Trade Repositories (EMIR). The submission was made on 5 August. Submission / Annex
ISDAAFMEBBAAssosim_to_ESMA_EMIR_OTCCCPTRs_final_5_August.pdf annex_to_ESMA_submission_4_august_2012.pdf
July 30, 2012
Letter on EMIR concerns regarding timing and scope of application of obligations of clearing members of CCPs
sent to European Commission (EC) DG for the Internal Market and Services, the European Banking Authority (EBA), and European Securities and Markets Authority (ESMA)
ISDA_letter_on_timingscope applic obligs CMs final 30 july 2012.pdf
July 30, 2012
ISDA letter on EMIR prohibition against non-EU CCPs offering clearing services in EU
sent to European Commission (EC) DG for the Internal Market and Services, the European Banking Authority (EBA), and European Securities and Markets Authority (ESMA)
ISDA_letter_on_art 25.1 EMIR 30 july 2012.pdf