MLT FSA EMIR Derivatives Reporting


On Jan. 23, MLT FSA issued circular on Financial Market Rules part VII.


  • MLT FSA updated on changes to Financial Market Rules part VII re reporting guidelines.
  • Follows ESMA Oct. 2023 issued guidelines and technical documentation, see #157256.
  • Overview
  • The circular is addressed to all market participants, particularly entities that enter into derivative contracts that fall within EMIR scope i.e. financial counterparties (FCs).
  • Also non-financial counterparties (NFCs), Trade Repositories (TRs), as defined in EMIR.
  • It should be read in conjunction with circular Nov. 10, 2023 that brought to attention of market participants ESMA Guidelines on reporting under EMIR of Oct. 2023.
  • MLT FSA presented change to Financial Market Rules, specifically in Part VII, to comply.
  • New Financial Market Rule legally binding added for entities engaging in derivative trading regarding compliance with the Guidelines for reporting under EMIR.
  • The guidelines fulfil several purposes on reporting under EMIR, namely for harmonization and standardization, and provide clarification on various aspects.
  • One such clarification relates to the transition to reporting under the new rules.
  • Revised Financial Market Rules public on website and accessed through link provided.
  • The change is found in part VII, Section 4: Guidelines for Reporting Under EMIR.
  • Entities shall make reference to and comply with Guidelines issued by ESMA entitled Guidelines for reporting under EMIR, which fulfil several purposes with regards to the harmonisation and standardisation of reporting under EMIR.
  • A copy of these Guidelines, as may be amended from time to time, is made available by ESMA and is accessible from the ESMA website.
  • Effectiveness
  • The amendment to Financial Market Rules will become effective as of Apr. 29, 2024.

Regulators MLT FSA
Entity Types B/D; Bank; Corp; Depo; Exch; FCM; HF; Inv Co; OTC
Reference Cir, PR, 1/23/2024; Cir 11/10/2023; Gd ESMA74-362-2281; EMIR Reg 648/2012
Functions Compliance; Financial; Legal; Operations; Registration/Licensing; Reporting; Risk; Settlement; Trade Reporting; Treasury
Countries Malta
Category
State
Products Banking; Clearing; Commodities; Corporate; Deposits; Derivatives; Equity; Forex; Fund Mgt; Hedge Funds; Investment Bank; Securities
Regions EMEA
Rule Type Final
Rule Date 1/23/2024
Effective Date 4/29/2024
Rule Id 198931
Linked to Rule :157256
Reg. Last Update 1/23/2024
Report Section EU

Last substantive update on 01/26/2024