On November 14, 2016, ESMA published a Report recommending that the clearing obligation for financial institutions with low trading volumes be delayed until June 21, 2019. The European Market Infrastructure Regulation imposes a clearing obligation on certain classes of derivatives. ESMA has so far assessed that the clearing obligation should apply to interest rate swaps denominated in seven currencies (EUR, GBP, JPY, USD, NOK, PLN and SEK) and to two classes of credit default swaps indices: iTraxx Europe Main and iTraxx Europe Crossover. The clearing obligation is being phased in, with those with the largest derivatives trading activity becoming subject to the obligation first. The obligation to clear OTC IRS denominated in the G4 currencies (EUR, GBP, JPY and USD) applied to entities that are clearing members of EU CCPs from June 21, 2016.
ESMA's Report includes draft RTS which would amend the timing of the clearing obligation for financial institutions with a low volume of derivatives trading activity (namely those in category three). ESMA is proposing that the clearing obligation for these financial institutions would apply from June 21, 2019 for the clearing of OTC IRS and CDS. The European Commission has three months to decide whether to endorse the amending RTS.
View the final report at: https://www.esma.europa.eu/press-news/esma-news/esma-asks-commission-delay-central-clearing- small-financial-counterparties.
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