Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on over-the-counter (“OTC”) derivatives, central counterparties and trade repositories (“EMIR”) impacts all entities active in the EU derivatives market, whether they use derivatives for trading purposes, to hedge themselves against a particular risk or as part of their investment strategy. EMIR imposes various regulatory obligations that mainly deal with: clearing OTC derivatives, mitigation of risks associated with uncleared OTC derivatives and the reporting of derivative transactions to trade repositories.

ISDA has produced and continues work on the production of various legal documentation intitiatives relating to EMIR implementation. ISDA has produced numerous documentation and technology solutions to aid compliance with EMIR.

Please find our responses, comment letters, press releases and publications pertaining to EMIR regulatory developments here.

ISDA EMIR Protocols

ISDA 2013 EMIR Portfolio Reconciliation, Dispute Resolution and Disclosure Protocol

ISDA 2013 EMIR NFC Representation Protocol

ISDA & Markit EMIR Implementation Solutions

ISDA EMIR Classification Letter and accompanying Guidance Note – Updated April 13, 2016

The exchange of information contained in the ISDA EMIR Classification Letter is also possible in a scaleable way through ISDA Amend: EMIR Counterparty and Clearing Classification Tools (opens Markit ISDA Amend site in separate window).

ISDA EMIR Frequently Used Documentation

ISDA EMIR Frontloading Additional Termination Event Amendment Agreement and accompanying Explanatory Memorandum – June 12, 2015
ISDA 2013 EMIR Portfolio Rec, Dispute Res and Disclosure Standard Amendment Agreement – updated September 9, 2013
Timely Confirmations Standard Wording and Explanatory Memorandum – March 14, 2013

ISDA/FIA EMIR Reporting Delegation Agreement – Updated 9 February 2016 and Reporting Guidance Note – July 19, 2013

Article 39(7) Disclosure Documentation

Webinars and archive calls on EMIR and EMIR Documentation and Implementation Initiatives

Other documentation

Please find the ISDA WGMR Implementation Initiative here.

All other documents relating to EMIR that have been published are set out below, including market practice guidance.