DUFAS Response to ESMA Consultation on 7d Reporting

Views & publications Market Infrastructure
A man and woman happily review documents together at a table with a laptop.

DUFAS has submitted comments on the ESMA consultation regarding the reporting requirement under Article 7d of EMIR. Under this requirement, parties that clear transactions through a recognized CCP from a third country must report annually to their supervisory authority on the scope of those clearing activities. ESMA sought comments on the technical standards that specify the content and format of these reports.

In our response, we state that ESMA’s current proposal is unnecessary, as several NCAs have also indicated. The existing reporting requirements under Article 9 of EMIR already provide sufficient information on clearing activities, including those of recognized CCPs from third countries. A new, parallel requirement would lead to duplicate reporting and a disproportionate operational burden, while the added value for supervision is limited. An additional requirement is also inconsistent with the European agenda for simplification and burden reduction and the “report once” principle.

The reporting burden has gradually increased in recent years, particularly under EMIR, SFTR, and MiFIR. This has led to overlapping obligations and rising costs for market participants and regulators. We therefore propose that ESMA and national regulators use the information already reported under EMIR, SFTR, and MiFIR for their supervisory purposes.

This article was written by: