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ARTICLE · 19 AUGUST 2015

ESMA Reports To European Commission On Functioning Of EMIR Framework

The first three reports set out below are required under Article 85(1) of EMIR and the fourth responds to the Commission's EMIR review.

European UnionFinance and Banking

On August 13, 2015, the European Securities and Markets Authority (ESMA) published four reports on how the EMIR (the Regulation on over the counter derivative transactions, central counterparties and trade repositories) (Regulation 648/2012)) framework has been functioning and providing input to the European Commission's EMIR review.

The first three reports set out below are required under Article 85(1) of EMIR and the fourth responds to the Commission's EMIR review.

1) Review of the use of over-the-counter (OTC) derivatives by non-financial counterparties (ESMA/2015/1251)

This report provides an overview of non-financial counterparties (NFCs) and issues relating to their classification, together with an analysis of the systemic importance of transactions carried out by NFCs in OTC derivatives markets. ESMA concludes that, when compared to financial counterparties, the systemic relevance of NFCs appears limited, although they are significant players in

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