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Version date: 1 March 2024 - onwards

Scope of the Guidelines on position calculation under EMIR Refit

Who?

1. The Guidelines will apply to TRs that are registered or recognised by ESMA in accordance with Articles 55 and 77 of EMIR respectively.

What?

2. The Guidelines provide information to ensure harmonisation and consistency in relation to:

a. the calculations carried out by TRs pursuant to Article 80(4) of Regulation (EU) No 648/2012 (EMIR);

b. the level of access to positions provided by TRs to the entities included in Article 81(3) of EMIR with access to positions in line with Article 2 of Regulation (EU) No 151/2013;

c. the operational aspects for access to position data by the entities included in Article 81(3) of EMIR, and

d. changes introduced by EMIR Refit technical standards, in particular the Commission Delegated Regulation (EU) No 2022/1855 (RTS on reporting), Commission Implementing Regulation (EU) No 2022/1860 (ITS on reporting) and Guidelines for reporting under EMIR published by ESMA on 14 December 2022.

When?