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Version date: 20 December 2022 - onwards

4.27 Reporting of derivatives on crypto-assets (paras. 368-371)

368. Having taken into consideration the ongoing developments in regulation that are currently being discussed about the crypto-assets, the RTS on reporting do not stipulate any detailed requirements with regard to the reporting of derivatives based on them. Notwithstanding, ESMA has decided to include in the RTS on reporting an additional field named 'Derivative based on crypto-assets' in which counterparties would be expected to indicate whether a given derivative is based on a crypto-asset or not. The field is a simple indicator populated with a boolean value. This will allow to assess the trading volumes and outstanding risk in this type of instruments as well as to analyse how these instruments are currently reported.

369. Only derivatives on crypto-assets that fulfil the definition of derivatives under MiFID are expected to be reported (in line with the general scope of reporting under EMIR).

370. The currency fields in EMIR reporting only allow to be populated with currencies listed on ISO 4217 Currency Codes. Therefore these fields currently should not be populated with codes relating to crypto-assets that are commonly denominated "crypto-currencies".

371. ESMA may develop further guidance on such derivatives based on crypto-assets once the relevant regulations have been approved.