ESMA EMIR Position Calculation Guide


On Mar. 1, ESMA issued position calculation under EMIR refit guidance.


  • ESMA issued Guidelines on position calculation under EMIR refit, and guidelines scope.
  • Follows ESMA Dec. 2023 final report, guidelines on position calculation, see #167773.
  • Overview
  • Guidelines apply to TRs registered/recognized by ESMA per articles 55, 77 of EMIR.
  • They provide information to ensure harmonization and consistency in relation to the calculations carried out by TRs pursuant to article 80(4) of EMIR REFIT Reg 2019/834.
  • Information on level of access to positions provided by TRs to entities included in EMIR article 81(3) with access to positions in line with article 2 of regulation 151/2013.
  • Operational aspects for access to position data by entities in EMIR, article 81(3).
  • And changes introduced by EMIR Refit technical standards, in particular EC delegated regulation 2022/1855 (RTS on reporting), implementing regulation 2022/1860 (ITS on reporting) and guidelines for reporting under EMIR published by ESMA Dec. 14, 2022.
  • Effectiveness
  • Existing guidelines applicable as of Dec. 3, 2018 repealed Apr. 29, 2024, replaced with new guidelines that apply from Oct. 28, 2024, providing for 6-month transition.

Regulators EU ESMA
Entity Types B/D; Bank; Exch; HF; IA
Reference Gd ESMA12-2121844265-3254, PR, 3/1/2024; EMIR Reg 648/2012; Reg 151/2013; Reg 2022/1855; Reg 2022/1860; Citation: EMIR REFIT Reg 2019/834;
Functions Compliance; Financial; Legal; Reporting; Risk; Trade Reporting; Treasury
Countries European Union
Category
State
Products Banking; Clearing; Derivatives; Fund Mgt; Investment Bank; Securities
Regions EMEA
Rule Type Final
Rule Date 3/1/2024
Effective Date 10/28/2024
Rule Id 202875
Linked to Rule :167773
Reg. Last Update 3/1/2024
Report Section EU

Last substantive update on 03/04/2024