ESMA Q&A Updates - 02/02/2024

Ref

Q&A

Question number

Topic

Summary of change

1

MiFIR: Transaction Reporting

ESMA_QA_1510

Update to national identifiers specified in Annex II of RTS 22

1. GB removed from table 2. Malta requirements updated

2

EMIR: ETD Reporting

EMIR Q&A TR Question 9

Reporting when broker is counterparty to trade

1. Broker should report derivative and identify itself as a counterparty 2. Thus, broker should not report its LEI in 'Broker ID' field

3

EMIR: ETD Reporting

EMIR Q&A ETD Reporting Question 2

Parties who report ETD contracts

These parties are: 1. CCP clearing the derivative contract 2. Clearing members of the CCP 3. MiFID investment firms involved in the trade chain 4. Other parties taking risk arising from the derivative transaction [P.A.] - please note what was modified in this update was an explanation on the importance of the risk which derives from a transaction and who bears it

4

EMIR: Reporting under STM/CTM model

ESMA_QA_2092

Reporting portfolio of cleared derivatives

1. No separate field to differentiate models 2. 'STM' prefix should be used to indicate accurate collateral portfolio name

5

EMIR: Reporting of a Counterparty falling within scope of Article 1(4)(a-b)

ESMA_QA_2094

Reporting 'Nature of Counterparty 2' field

1. A counterparty outside of Article 1(4)(a-b) is classed as 'Other Counterparty' 2. Thus, identified as 'Other' in 'Nature of Counterparty 2' field

6

EMIR: Portability of Schedules

ESMA_QA_2095

Transfering notional schedules

1. TRs should follow the guidelines and port only the TSR which doesn't include the entire schedule 2. Counterparty should report the modification with the complete schedule to the new TR