On 10 April 2017, ESMA published an Opinion addressed to EU national regulators on the portfolio margining requirements for CCPs under EMIR. The RTS on portfolio margining that supplement EMIR provide that a CCP can offset or reduce the required margin across instruments. that it clears if the price risk of one instrument is significantly and reliably correlated to the price risk of other financial instruments. In those cases, a CCP may apply portfolio margining. European legislation provides certainty over the requirements only to a limited degree because there is no indication as to which instrument or product can be considered the same or which elements are needed for an instrument or product to be considered the same. ESMA's Opinion aims to provide clarification as to when two contracts can or cannot be considered the same instrument for the purpose of portfolio-margining, referencing all asset classes. In addition, ESMA confirms that CCPs have to limit the reduction in margin requirement when conducting portfolio-margining across different instruments.
ESMA's Opinion can be accessed at:
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