29. Intragroup derivatives, not eligible for exemption, should be reported as any other derivatives and the corresponding field 2.37 "Intragroup" should be populated as "True". However, Article 9(1) EMIR provides for an exemption of intragroup derivatives from the reporting obligation where the relevant conditions are met. In these cases, both counterparties should continue to report until the conditions for applying the exemption can be met and the exemption is granted (further clarifications on the exemption are provided in the section 5.3).

30. Derivatives within the same legal entity (e.g. between two desks or between two branches of the same entity) should not be reported under EMIR as they do not involve two counterparties. The only exception is the situation in which a Clearing Member defaults and the CCP temporarily assumes both sides of the outstanding derivative contracts.

31. Similarly, non-EU subsidiairies of a group for which the parent undertaking is established in the Union are not required to report their derivatives under EMIR. In the case of contracts between an EU counterparty and a non-EU counterparty, the EU counterparty will need to report such contracts.