Does EMIR only apply to OTC derivatives or to Exchange Traded Derivatives as well?

October 12, 2017

ESMA have confirmed in their Q&A that “The EMIR reporting obligations covers all derivatives.”

As noted in EMIR Article 2(5), ‘‘derivative’ or ‘derivative contract’ means a financial instrument as set out in points (4) to (10) of Section C of Annex I to Directive 2004/39/EC as implemented by Article 38 and 39 of Regulation (EC) No 1287/2006’.