Version status: Entered into force | Document consolidation status: Updated to reflect all known changes
Published date: 27 July 2012
    Version 1 of 1    

Regulation 648/2012/EU - EMIR Regulation

Recitals
Title I Subject Matter, Scope and Definitions (arts. 1-3)
Amended
Article 1 Subject matter and scope
Amended
Article 2 Definitions
Inserted
Article 2a Equivalence decisions for the purposes of the definition of OTC derivatives
Entered into force
Article 3 Intragroup transactions
Title II Clearing, Reporting and Risk Mitigation of OTC Derivatives (arts. 4-13)
Amended
Article 4 Clearing obligation
Inserted
Article 4a Financial counterparties that are subject to the clearing obligation
Amended
Article 5 Clearing obligation procedure
Amended
Article 6 Public register
Inserted
Article 6a Suspension of clearing obligation
Amended
Article 7 Access to a CCP
Entered into force
Article 8 Access to a trading venue
Amended
Article 9 Reporting obligation
Amended
Article 10 Non-financial counterparties
Amended
Article 11 Risk-mitigation techniques for OTC derivative contracts not cleared by a CCP
Entered into force
Article 12 Penalties
Entered into force
Article 13 Mechanism to avoid duplicative or conflicting rules
Title III Authorisation and Supervision of CCPs (arts. 14-25)
Chapter 1 Conditions and procedures for the authorisation of a CCP (arts. 14-21)
Entered into force
Article 14 Authorisation of a CCP
Entered into force
Article 15 Extension of activities and services
Entered into force
Article 16 Capital requirements
Entered into force
Article 17 Procedure for granting and refusing authorisation
Entered into force
Article 18 College
Entered into force
Article 19 Opinion of the college
Entered into force
Article 20 Withdrawal of authorisation
Entered into force
Article 21 Review and evaluation
Chapter 2 Supervision and oversight of CCPs (art. 22)
Entered into force
Article 22 Competent authority
Chapter 3 Cooperation (arts. 23-24)
Entered into force
Article 23 Cooperation between authorities
Entered into force
Article 24 Emergency situations
Chapter 4 Relations with third countries (art. 25)
Amended
Article 25 Recognition of a third-country CCP
Title IV Requirements for CCPs (arts. 26-50d)
Chapter 1 Organisational requirements (arts. 26-35)
Entered into force
Article 26 General provisions
Entered into force
Article 27 Senior management and the board
Entered into force
Article 28 Risk committee
Entered into force
Article 29 Record keeping
Entered into force
Article 30 Shareholders and members with qualifying holdings
Entered into force
Article 31 Information to competent authorities
Entered into force
Article 32 Assessment
Entered into force
Article 33 Conflicts of interest
Entered into force
Article 34 Business continuity
Entered into force
Article 35 Outsourcing
Chapter 2 Conduct of business rules (arts. 36-39)
Entered into force
Article 36 General provisions
Entered into force
Article 37 Participation requirements
Entered into force
Article 38 Transparency
Entered into force
Article 39 Segregation and portability
Chapter 3 Prudential requirements (arts. 40-50)
Entered into force
Article 40 Exposure management
Entered into force
Article 41 Margin requirements
Entered into force
Article 42 Default fund
Entered into force
Article 43 Other financial resources
Entered into force
Article 44 Liquidity risk controls
Entered into force
Article 45 Default waterfall
Entered into force
Article 46 Collateral requirements
Entered into force
Article 47 Investment policy
Entered into force
Article 48 Default procedures
Entered into force
Article 49 Review of models, stress testing and back testing
Entered into force
Article 50 Settlement
Chapter 4 Calculations and reporting for the purposes of Regulation (EU) No 575/2013 (arts. 50a-50d)
Inserted
Article 50a Calculation of KCCP
Inserted
Article 50b General rules for the calculation of KCCP
Inserted
Article 50c Reporting of information
Inserted
Article 50d Calculation of specific items to be reported by the CCP
Title V Interoperability Arrangements (arts. 51-54)
Entered into force
Article 51 Interoperability arrangements
Entered into force
Article 52 Risk management
Entered into force
Article 53 Provision of margins among CCPs
Entered into force
Article 54 Approval of interoperability arrangements
Title VI Registration and Supervision of Trade Repositories (arts. 55-77)
Chapter 1 Conditions and procedures for registration of a trade repository (arts. 55-74)
Entered into force
Article 55 Registration of a trade repository
Amended
Article 56 Application for registration
Entered into force
Article 57 Notification of and consultation with competent authorities prior to registration
Entered into force
Article 58 Examination of the application
Entered into force
Article 59 Notification of ESMA decisions relating to registration
Entered into force
Article 60 Exercise of the powers referred to in Articles 61 to 63
Entered into force
Article 61 Request for information
Amended
Article 62 General investigations
Amended
Article 63 On-site inspections
Amended
Article 64 Procedural rules for taking supervisory measures and imposing fines
Amended
Article 65 Fines
Entered into force
Article 66 Periodic penalty payments
Amended
Article 67 Hearing of the persons concerned
Entered into force
Article 68 Disclosure, nature, enforcement and allocation of fines and periodic penalty payments
Entered into force
Article 69 Review by the Court of Justice
Entered into force
Article 70 Amendments to Annex II
Entered into force
Article 71 Withdrawal of registration
Amended
Article 72 Supervisory fees
Entered into force
Article 73 Supervisory measures by ESMA
Entered into force
Article 74 Delegation of tasks by ESMA to competent authorities
Chapter 2 Relations with third countries (arts. 75-77)
Entered into force
Article 75 Equivalence and international agreements
Entered into force
Article 76 Cooperation arrangements
Inserted
Article 76a Mutual direct access to data
Entered into force
Article 77 Recognition of trade repositories
Title VII Requirements for Trade Repositories (arts. 78-82)
Entered into force
Article 78 General requirements
Entered into force
Article 79 Operational reliability
Amended
Article 80 Safeguarding and recording
Amended
Article 81 Transparency and data availability
Amended
Article 82 Exercise of the delegation
Title VIII Common Provisions (arts. 83-84)
Entered into force
Article 83 Professional secrecy
Entered into force
Article 84 Exchange of information
Title IX Transitional and Final Provisions (arts. 85-91)
Amended
Article 85 Reports and review
Amended
Article 86 Committee procedure
Entered into force
Article 87 Amendment to Directive 98/26/EC
Entered into force
Article 88 Websites
Amended
Article 89 Transitional provisions
Entered into force
Article 90 Staff and resources of ESMA
Entered into force
Article 91 Entry into force
Amended
Annex I List of infringements referred to in Article 65(1)
Entered into force
Annex II List of the coefficients linked to aggravating and mitigating factors for the application of Article 65(3)
Done at