UK FCA Further EMIR FAQ Consultation


On Jul. 12, UK FCA issued further brief consultation on EMIR FAQ.


  • FCA published consultation on further EMIR FAQ, concerning position level reporting.
  • Follows UK FCA Jul. 2024 issued finalized Q&As covering topics 6 to 11, see #210845.
  • Background
  • In Feb. 2023, FCA issued joint policy statement with UK BoE confirming changes to derivative reporting framework under UK EMIR, received requests for related guidance.
  • Regulator is providing such guidance in the form of questions and answers grouped into topics, these have been consulted in batches to ensure stakeholder views heard.
  • Finalized Q&As from the first and second consultations have now been published.
  • Further Consultation
  • In response to a query received during the second consultation, FCA now consults on one further draft question and answer under topic 10 on position level reporting.
  • Asks can spread bets be reported at position level only (not as individual transactions).
  • Responds this can be done if certain minimum details met under technical standards.
  • Consultation End
  • The closing date for feedback on this additional question and answer is Jul. 23, 2024.
  • Jul. 26, 2024 Final Q&A
  • On Jul. 26, 2024, UK FCA issued the final version of the Q&A on which it consulted.
  • Answer to Q 10.9 confirms that spread bets can initially be reported with action type POSC before being aggregated and re-reported at position level, provided the conditions in technical standards on data to be reported to trade repositories are met.
  • All the FCA's UK EMIR reporting questions and answers have now been published.
  • Q&As are applicable from Sep. 30, 2024 in line with majority of the new requirements.
  • Firms should review these and incorporate guidance into their reporting arrangements.

Regulators UK FCA
Entity Types B/D; Bank; BS; Depo; Exch; FCM; HF; IA; Ins; Inv Co; OTC
Reference FAQ 7/26/2024, CP 7/12/2024; UK EMIR Reg 648/2012;
Functions Accounting; Compliance; C-Suite; Legal; Operations; Reporting; Risk; Settlement; Trade Reporting; Trading
Countries United Kingdom
Category
State
Products Banking; Clearing; Commodities; Derivatives; Equity; Forex; Fund Mgt; Hedge Funds; Insurance; Mutual Funds; Securities; Structured Products
Regions EMEA
Rule Type Final
Rule Date 7/12/2024
Effective Date 9/30/2024
Rule Id 219284
Linked to Rule :210845
Reg. Last Update 7/26/2024
Report Section UK

Last substantive update on 07/31/2024