Reporting obligation

All counterparties are required to report details of any derivative contract (OTC or exchange traded) they have concluded, or which they have modified or terminated, to a registered or recognised trade repository (TR) under EMIR reporting requirements.

Reporting requirements to TRs

The details to be reported are set out in the final reporting EMIR technical standards (see the EMIR Library).

Timetable for reporting to TRs​​​

  • The first registration decision for TRs was effective from 14 November 2013. This meant that the requirement to report derivatives transactions to trade repositories under EMIR came into force on 12 February 2014, ie 90 calendar days after the official registration date.
  • There is a 180 day transitional period from the start date indicated above for the reporting of exposures information (both information on collateral and mark-to-market or mark-to-model information).
  • Those derivative contracts which were outstanding before 16 August 2012 and are still outstanding on the reporting start date shall be reported to a TR within 90 days of the reporting start date.
  • Those derivative contracts which were outstanding on or after the 16 August 2012 and are still outstanding on the reporting start date should have been reported to a TR within T+1 days of the reporting start date.
  • Those derivative contracts which were entered into before 16 August 2012 and are still outstanding on 16 August 2012 or were entered into on or after 16 August 2012 and that are not outstanding on or after the reporting start date should have been reported to a TR within 3 years of the reporting start date.

How to fulfil the reporting obligation

  • Both counterparties must report each trade unless by prior arrangement, one party can report on behalf of both counterparties. Where one report is made on behalf of both counterparties, the report shall indicate this fact. The EMIR technical standards set out what information shall be submitted in relation to each of the counterparties, and what information shall be submitted only once.
  • Either counterparty to the trade may delegate reporting to a third party (such as a central counterparty or trading platform).
  • Where one counterparty reports on behalf of another counterparty, or a third party reports a contract on behalf of one or both counterparties, the details reported shall include the full set of details that would have been reported had the contracts been reported by each counterparty separately.

Choosing a trade repository

EMIR trade reports may only be submitted to trade repositories which are registered with the European Securities and Markets Authority (ESMA). 6 TRs are currently registered with, and recognised by, ESMA:

  • CME Trade Repository Ltd. (CME TR), based in the UK
  • DTCC Derivatives Repository Ltd. (DDRL), based in the UK
  • ICE Trade Vault Europe Ltd. (ICE TVEL), based in the UK
  • Krajowy Depozyt Papierów Wartosciowych S.A. (KDPW), based in Poland
  • Regis-TR S.A., based in Luxembourg
  • UnaVista Ltd, based in the UK

It will be possible to meet the reporting obligation by reporting to any ESMA-registered TR. 

Issuance of Legal Entity Identifiers

All EU counterparties entering into derivative trades will need to have a Legal Entity Identifier (LEI) in order to meet the EMIR reporting obligations. The issuance of LEIs in line with the agreed principles for pre-Local Operating Unit solutions (LOUs) is currently underway. All LEIs issued by pre-LOUs which have been globally endorsed can used for EMIR trade reporting. 

A list of globally endorsed pre-LOUs can be found on the LEI Regulatory Oversight Committee (ROC) website and includes the London Stock Exchange under the sponsorship of the Financial Conduct Authority.