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EMIR COMPLIANCE – IS 90 DAYS ENOUGH?

Published by Gbaf News

Posted on November 15, 2013

4 min read

· Last updated: March 6, 2019

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ESMA’s Latest EMIR Announcement and Deadlines

Steven Ferrigno, Managing Director EMEA for Allegro Development Corporation, comments on Monday’s announcement from the European Securities and Markets Authority (ESMA) regarding the reporting deadline for EMIR, the European Market Infrastructure Regulation regime.

energy EU

energy EU

“After months of wait-and-see, ESMA fired the starting gun on Monday for its much-discussed EMIR energy derivatives regulatory scheme, registering four new trading repositories and setting a firm reporting obligation for energy market participants starting 12th February 2014.

Also on Monday, the EU rejected ESMA’s draft implementing technical standard for EMIR. So reporting will begin on12-February 2014 for transactions executed both on, and off, exchanges.

Challenges Facing Market Participants

“That leaves European utility companies, commodity traders and scores of energy-intensive businesses less than 90 days to switch on a proper means of reporting, clearing and demonstrating risk mitigation if they wish to continue operating under a hedging strategy.

“There are alternatives in terms of what companies can do to comply with EMIR’s requirements, but managing the process manually isn’t one of them. The electronic reporting and data storage requirements will quickly overwhelm any approach based on spreadsheets. And whilst outsourcing may be feasible, a third party provider would most likely not be held responsible for paying fines should any errors or missed deadlines occur.

Automation Versus Manual EMIR Compliance

“The remaining options are to abandon hedging strategies altogether and accept higher prices, or automate the process. Automation is the best and most viable option for most energy market participants.

Steven Ferrigno Allegro

Steven Ferrigno Allegro

Complexities of Automated Regulatory Implementation

“Implementing an automated regulatory solution for commodity trading and corporate financial compliance, however, involves integrating contract data, hedge accounting, revenue allocation in line with regulatory reporting requirements and other specialised functions.

“This is not a three-month job.

Calls for Flexibility and Industry Support

“Given the past uncertainties around EMIR’s rollout schedule, we urge ESMA to work with market participants, show flexibility and even assess readiness on a case-by-case basis to help companies find an achievable path to compliance.”

Steven Ferrigno, Managing Director EMEA for Allegro Development Corporation, comments on Monday’s announcement from the European Securities and Markets Authority (ESMA) regarding the reporting deadline for EMIR, the European Market Infrastructure Regulation regime.

energy EU

energy EU

“After months of wait-and-see, ESMA fired the starting gun on Monday for its much-discussed EMIR energy derivatives regulatory scheme, registering four new trading repositories and setting a firm reporting obligation for energy market participants starting 12th February 2014.

Also on Monday, the EU rejected ESMA’s draft implementing technical standard for EMIR. So reporting will begin on12-February 2014 for transactions executed both on, and off, exchanges.

“That leaves European utility companies, commodity traders and scores of energy-intensive businesses less than 90 days to switch on a proper means of reporting, clearing and demonstrating risk mitigation if they wish to continue operating under a hedging strategy.

“There are alternatives in terms of what companies can do to comply with EMIR’s requirements, but managing the process manually isn’t one of them. The electronic reporting and data storage requirements will quickly overwhelm any approach based on spreadsheets. And whilst outsourcing may be feasible, a third party provider would most likely not be held responsible for paying fines should any errors or missed deadlines occur.

“The remaining options are to abandon hedging strategies altogether and accept higher prices, or automate the process. Automation is the best and most viable option for most energy market participants.

Steven Ferrigno Allegro

Steven Ferrigno Allegro

“Implementing an automated regulatory solution for commodity trading and corporate financial compliance, however, involves integrating contract data, hedge accounting, revenue allocation in line with regulatory reporting requirements and other specialised functions.

“This is not a three-month job.

“Given the past uncertainties around EMIR’s rollout schedule, we urge ESMA to work with market participants, show flexibility and even assess readiness on a case-by-case basis to help companies find an achievable path to compliance.”

Key Takeaways

  • ESMA approved four trade repositories on 7 November 2013, triggering EMIR reporting from 12 February 2014.
  • Market participants had less than 90 days to implement automated reporting systems for EMIR compliance.
  • Manual or spreadsheet-based approaches were impractical due to complexity and volume of required data.
  • Delegating reporting is allowed, but entities remain legally responsible for compliance.
  • Automation is the most viable strategy to meet EMIR’s stringent reporting and data requirements.

References

Frequently Asked Questions

What triggered the 90‑day compliance period for EMIR reporting?
ESMA authorised four trade repositories on 7 November 2013, setting the mandatory reporting start date at 12 February 2014, giving under 90 days to comply.
Can companies delegate EMIR reporting obligations?
Yes, companies can delegate reporting, but remain legally responsible for any errors or missed deadlines.
Why is automation necessary for EMIR compliance?
The complexity, volume and electronic data requirements under EMIR make manual or spreadsheet-based reporting unfeasible.

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