EMIR library and implementation reviews

To help firms understand their requirements, explore our links to useful information on EMIR, including our EMIR implementation reviews.

EU legislation and other documents

Find links to:

  • EMIR Regulation and all supporting regulatory and Implementing Technical Standards on OTC Derivatives, reporting to Trade Repositories, and requirements for Trade Repositories and Central Counterparties
  • EMIR REFIT

We also provide links to other useful EU documents and relevant international documents, such as the ESMA Q&As, the EMIR Regulation, the European Regulation setting out the legislative framework and standards for regulating OTC derivatives, central counterparties and trade repositories.

Supporting regulatory and implementing technical standards

OTC derivatives

Reporting to trade repositories

Requirements for trade repositories

Requirements for central counterparties​​

List of exempted entities under article 1(4) of EMIR

Other useful documents

Domestic legislation and FCA Handbook

The legislation and our rules and guidance which support EMIR implementation in the UK. This includes our perimeter guidance on the types of derivative covered by EMIR.

The UK EMIR Statutory Instruments set out the supervision and enforcement of EMIR by UK authorities and how cleared positions, including the transfer of indirect client accounts, are segregated and moved.

Handbook Instruments amending our supervision manual (SUP) and Decision Procedure and Penalties manual (DEPP) to include guidance on notifications and applications to the FCA and our supervisory and enforcement powers under EMIR:

Perimeter guidance on the types of derivative covered by EMIR

The types of derivative covered by EMIR are set out in points (4) to (10) of Section C of Annex I of the Markets in Financial Instruments Directive (MiFID – 2014/65/EU).

For more information on derivatives that are within scope of MiFID, please see PERG 13.4 Q30-34.

In particular, PERG 13.4, Q31B, refers to the types of foreign exchange contracts that are excluded from the MiFID derivative definition, and these are explained further in Q 31C – 31S.

PERG 13.4 Q 32 – 33C then provides guidance on commodity derivatives within the scope of the MiFID definition. PERG 13.4 Q 34 gives guidance on the miscellaneous category of MiFID derivatives.

FCA EMIR presentations

These presentations have not been updated to reflect EMIR REFIT.

EMIR implementation reviews

In accordance with our statement of EMIR supervisory priorities at the time of EMIR implementation, we conducted a series of implementation reviews.

The findings of our implementation reviews are in the factsheets below:

EMIR related Memorandum of Understanding (MoU)

On Thursday 6 October 2016, Andrew Bailey, Chief Executive of the FCA and Timothy Massad, the Chairman of the Commodities and Futures Trading Commission (CFTC), met in Washington to sign a Memorandum of Understanding (MoU) between the 2 organisations.

The MoU covers the FCA and CFTC's cooperation and exchange of information in supervising dual regulated firms who trade in certain over the counter (OTC) derivatives or ‘swaps’.

Page updates

29/08/2019: Link changed Updated EU Commission FAQs link