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UK Financial Services Law
Legislation (UK)
Assimilated law
2012
Information
Table of Contents
Table of Contents
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Regulation 648/2012/EU - UK EMIR Regulation (Assimilated Law)
Recitals
Title I Subject Matter, Scope and Definitions (arts. 1-3)
Article 1 Subject matter and scope
Article 2 Definitions
Article 2a Equivalence decisions for the purposes of the definition of OTC derivatives
Article 3 Intragroup transactions
Title II Clearing, Reporting and Risk Mitigation of OTC Derivatives (arts. 4-13a)
Article 4 Clearing obligation
Article 4a Financial counterparties that are subject to the clearing obligation
Article 5 Clearing obligation procedure
Article 6 Public register
Article 6a Suspension of the clearing obligation
Article 6b Risk reduction services
Article 7 Access to a CCP
Article 8 Access to a trading venue
Article 9 Reporting obligation
Article 10 Non-financial counterparties
Article 11 Risk-mitigation techniques for OTC derivative contracts not cleared by a CCP
Article 12 Penalties
Article 13 Mechanism to avoid duplicative or conflicting rules
Article 13a Conditions for making technical standards
Title III Authorisation and Supervision of CCPs (arts. 14-25q)
Chapter 1 Conditions and procedures for the authorisation of a CCP (arts. 14-21)
Article 14 Authorisation of a CCP
Article 15 Extension of activities and services
Article 16 Capital requirements
Article 17 Procedure for granting and refusing authorisation
Article 18 College
Article 19 Opinion of the college
Article 20 Withdrawal of authorisation
Article 21 Review and evaluation
Chapter 2 Supervision and oversight of CCPs (art. 22)
Article 22 Competent authority
Chapter 3 Cooperation (arts. 23-24)
Article 23 Cooperation between authorities
Article 23a Supervisory cooperation between competent authorities and ESMA with regards to authorised CCPs
Article 24 Emergency situations
Chapter 3A CCP Supervisory Committee (arts. 24a-24e)
Article 24a CCP Supervisory Committee
Article 24b Consultation of central banks of issue
Article 24c Decision making within the CCP Supervisory Committee
Article 24d Decision making within the Board of Supervisors
Article 24e Accountability
Chapter 4 Relations with third countries (arts. 25-25q)
Article 25 Recognition of a third-country CCP
Article 25a Comparable compliance
Article 25b Ongoing compliance with the conditions for recognition
Article 25c Third-country CCP college
Article 25d Fees
Article 25e Exercise of the powers referred to in Articles 25f to 25h
Article 25f Request for information
Article 25g General investigations
Article 25h On-site inspections
Article 25i Procedural rules for taking supervisory measures and imposing fines
Article 25j Fines
Article 25k Periodic penalty payments
Article 25l Hearing of the persons concerned
Article 25m Disclosure, nature, enforcement and allocation of fines and periodic penalty payments
Article 25n Review by the Court of Justice
Article 25o Amendments to Annex IV
Article 25p Withdrawal of recognition
Article 25q Supervisory measures by ESMA
Title IV Requirements for CCPs (arts. 26-50d)
Chapter 1 Organisational requirements (arts. 26-35)
Article 26 General provisions
Article 27 Senior management and the board
Article 28 Risk committee
Article 29 Record keeping
Article 30 Shareholders and members with qualifying holdings
Article 31 Information to competent authority
Article 32 Assessment
Article 33 Conflicts of interest
Article 34 Business continuity
Article 35 Outsourcing
Chapter 2 Conduct of business rules (arts. 36-39)
Article 36 General provisions
Article 37 Participation requirements
Article 38 Transparency
Article 39 Segregation and portability
Chapter 3 Prudential requirements (arts. 40-50)
Article 40 Exposure management
Article 41 Margin requirements
Article 42 Default fund
Article 43 Other financial resources
Article 44 Liquidity risk controls
Article 45 Default waterfall
Article 46 Collateral requirements
Article 47 Investment policy
Article 48 Default procedures
Article 49 Review of models, stress testing and back testing
Article 50 Settlement
Chapter 4 Calculations and reporting for the purposes of Regulation (EU) No 575/2013 (arts. 50a-50d)
Article 50a Calculation of KCCP
Article 50b General rules for the calculation of KCCP
Article 50c Reporting of information
Article 50d Calculation of specific items to be reported by the CCP
Title V Interoperability Arrangements (arts. 51-54)
Article 51 Interoperability arrangements
Article 52 Risk management
Article 53 Provision of margins among CCPs
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)
Article 55 Registration of a trade repository
Article 56 Application for registration
Article 57 Notification of and consultation with competent authorities prior to registration
Article 58 Examination of the application
Article 59 Notification of ESMA decisions relating to registration
Article 60 Exercise of the powers referred to in Articles 61 to 63
Article 61 Request for information
Article 62 General investigations
Article 63 On-site inspections
Article 64 Procedural rules for taking supervisory measures and imposing fines
Article 65 Fines
Article 66 Periodic penalty payments
Article 67 Hearing of the persons concerned
Article 68 Disclosure, nature, enforcement and allocation of fines and periodic penalty payments
Article 69 Review by the Court of Justice
Article 70 Amendments to Annex II
Article 71 Withdrawal of registration
Article 71a Publication and notification of decisions about registration of trade repositories
Article 71b Reference to the Tribunal
Article 72 Supervisory fees
Article 73 Supervisory measures by ESMA
Article 74 Delegation of tasks by ESMA to competent authorities
Chapter 2 Relations with third countries (arts. 75-77)
Article 75 Equivalence
Article 76 Cooperation arrangements
Article 76a Mutual direct access to data
Article 77 Recognition of trade repositories
Title VII Requirements for Trade Repositories (arts. 78-82)
Article 78 General requirements
Article 79 Operational reliability
Article 80 Safeguarding and recording
Article 81 Transparency and data availability
Article 82 Exercise of the delegation
Title VIII Common Provisions (arts. 83-84)
Article 83 Professional secrecy
Article 84 Exchange of information
Title IX Transitional and Final Provisions (arts. 84a-91)
Article 84a Regulations
Article 84b FCA rules
Article 84c Bank of England rules
Article 85 Reports and review
Article 86 Committee procedure
Article 87 Amendment to Directive 98/26/EC
Article 88 Websites
Article 89 Transitional provisions
Article 89a Further transitional provision
Article 90 Staff and resources of ESMA
Article 91 Entry into force
Annex I List of infringements referred to in Article 65(1)
Annex II List of the coefficients linked to aggravating and mitigating factors for the application of Article 65(3)
Annex III List of infringements referred to in Article 25j(1)
Annex IV List of the coefficients linked to aggravating and mitigating factors for the application of Article 25j(3)
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https://service.betterregulation.com/document/417692
Regulation 648/2012/EU - UK EMIR Regulation (Assimilated Law)
Title III Authorisation and Supervision of CCPs (arts. 14-25q)
Chapter 3A CCP Supervisory Committee (arts. 24a-24e)
Article 24d Decision making within the Board of Supervisors
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Version status:
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| Document consolidation status:
Assimilated law updated to reflect all known changes
Version date: 31 December 2020 - onwards
Version 2 of 2
Article 24d Decision making within the Board of Supervisors
Omitted from 31 December 2020
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