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Swiss Chinese Law Association — Geneva

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Legal Observatory / Finance and Payments

Legal Update European Union Draft legislation

ESMA Issues Final Report Specifying Post-Trade Risk Reduction Requirements Under EMIR 3

ESMA published a final report specifying draft Regulatory Technical Standards for post-trade risk reduction services and associated clearing obligation exemptions under EMIR 3.

What Changed

  • Outlined specific conditions for PTRR providers and users to exempt certain OTC derivative transactions from clearing obligations under EMIR 3.
  • Established standards for participant information, exercise operations, provider controls, record-keeping, and exemption monitoring.
  • Submitted draft Regulatory Technical Standards to the European Commission for endorsement.

The European Securities and Markets Authority (ESMA), the European Union’s financial markets regulator and supervisor, has published a final report outlining the conditions that providers and users of post-trade risk reduction (PTRR) services must fulfill to exempt certain over-the-counter (OTC) derivative transactions from the clearing obligation under EMIR 3.

This update directly affects financial institutions, OTC derivative market participants, and PTRR service providers operating within or interacting with EU financial markets. PTRR services assist market participants in managing derivatives portfolios and mitigating risk, contributing to derivatives market resilience. The new rules aim to facilitate PTRR service adoption while ensuring that clearing obligation exemptions under EMIR 3 are used appropriately and without misuse.

The final report specifies elements and requirements governing PTRR services, including:

- Information to be provided to exercise participants;

- Mandatory procedures for carrying out PTRR exercises;

- Internal controls and governance required of service providers;

- Record-keeping obligations; and

- Monitoring mechanisms to oversee the application of the clearing exemption.

ESMA noted that these rules build on existing market practices to prevent unnecessary regulatory burdens, aligning with its goals of simplification and administrative streamlining. The draft Regulatory Technical Standards (RTS) contained in the report will now be submitted to the European Commission for official endorsement under the standard review process.

Additionally, separate material referenced in the regulatory announcement notes that the European Union is scheduled to transition to a T+1 settlement cycle on 11 October 2027. Entities engaged in EU OTC derivative trading or post-trade processing should monitor the Commission's endorsement process and prepare compliance systems for the draft technical standards.

Who May Be Affected

Post-trade risk reduction service providers, financial institutions, and OTC derivative market participants subject to EMIR 3 clearing obligations.

Cross-Border Context

Applies at the EU level to entities engaging in OTC derivative transactions and PTRR services subject to EU financial regulations.

What to check next

  • European Commission endorsement decision regarding the draft Regulatory Technical Standards
  • Publication of the endorsed RTS in the Official Journal of the European Union

This article provides general information and does not constitute legal advice. Consult the official text and obtain advice appropriate to your circumstances where needed.

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