ESMA consults on draft standards for the clearing of foreign-exchange non-deliverable forwards

Steven Maijoor, Chairman, European Securities and Markets Authority

Steven Maijoor, Chairman, European Securities and Markets Authority

The European Securities and Markets Authority (ESMA) has today published a consultation on draft regulatory technical standards (RTS) it has to develop und the European Markets Infrastructure Regulation (EMIR) for the clearing of foreign-exchange non-deliverable forwards.

This consultation paper seeks stakeholders’ views on the regulatory technical standards that ESMA is required to draft under Article 5(2) “Clearing Obligation Procedure” of the Regulation (EU) No 648/2012 of the European Parliament and Council on OTC derivatives, central counterparties and trade repositories (EMIR). This paper follows the publication in July 2013 of a discussion paper on the clearing obligation under EMIR, the publication of the first consultation papers on the clearing obligation on interest rate classes and credit classes, and the publication of the Final Report on the clearing obligation on interest rate classes.

The input from stakeholders will help ESMA in finalising the relevant technical standards to be drafted and submitted to the European Commission for endorsement in the form of Commission Regulations, i.e. a legally binding instrument directly applicable in all Member States of the European Union. One essential element in the development of draft technical standards is the analysis of the costs and benefits that those legal provisions will imply. Input in this respect and any supportive data will be highly appreciated and kept confidential where required.

The consultation period runs until 6 November 2014.

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