2012R0648EMIR REFIT - Sommaire
REGULATION (EU) No 648/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 4 July 2012 on OTC derivatives, central counterparties and trade repositories
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🇫🇷 French Version: 2012R0648EMIR REFIT_FR.0. Open the PDF. Direct link to EUR-LEX.
TITLE I - SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1 - Subject matter and scope
Article 2 - Definitions
Article 2a - Equivalence decisions for the purposes of the definition of OTC derivatives
Article 3 - Intragroup transactions
TITLE II - CLEARING, REPORTING AND RISK MITIGATION OF OTC DERIVATIVES
Article 4 - Clearing obligation
Article 4a - Financial counterparties that are subject to the clearing obligation
Article 5 - Clearing obligation procedure
Article 6 - Public register
Article 6a - Suspension of clearing obligation
Article 7 - Access to a CCP
Article 8 - Access to a trading venue
Article 9 - Reporting obligation
Article 10 - Non-financial counterparties
Article 11 - Risk-mitigation techniques for OTC derivative contracts not cleared by a CCP
Article 12 - Penalties
Article 13 - Mechanism to avoid duplicative or conflicting rules
TITLE III - AUTHORISATION AND SUPERVISION OF CCPs
CHAPTER 1 - Conditions and procedures for the authorisation of a CCP
Article 14 - Authorisation of a CCP
Article 15 - Extension of activities and services
Article 16 - Capital requirements
Article 17 - Procedure for granting and refusing authorisation
Article 18 - College
Article 19 - Opinion of the college
Article 20 - Withdrawal of authorisation
Article 21 - Review and evaluation
CHAPTER 2 - Supervision and oversight of CCPs
Article 22 - Competent authority
CHAPTER 3 - Cooperation
Article 23 - Cooperation between authorities
Article 24 - Emergency situations
CHAPTER 4 - Relations with third countries
Article 25 - Recognition of a third-country CCP
TITLE IV - REQUIREMENTS FOR CCPs
CHAPTER 1 - Organisational requirements
Article 26 - General provisions
Article 27 - Senior management and the board
Article 28 - Risk committee
Article 29 - Record keeping
Article 30 - Shareholders and members with qualifying holdings
Article 31 - Information to competent authorities
Article 32 - Assessment
Article 33 - Conflicts of interest
Article 34 - Business continuity
Article 35 - Outsourcing
CHAPTER 2 - Conduct of business rules
Article 36 - General provisions
Article 37 - Participation requirements
Article 38 - Transparency
Article 39 - Segregation and portability
CHAPTER 3 - Prudential requirements
Article 40 - Exposure management
Article 41 - Margin requirements
Article 42 - Default fund
Article 43 - Other financial resources
Article 44 - Liquidity risk controls
Article 45 - Default waterfall
Article 46 - Collateral requirements
Article 47 - Investment policy
Article 48 - Default procedures
Article 49 - Review of models, stress testing and back testing
Article 50 - Settlement
CHAPTER 4 - Calculations and reporting for the purposes of Regulation (EU) No 575/2013
Article 50a - Calculation of KCCP
Article 50b - General rules for the calculation of KCCP
Article 50c - Reporting of information
Article 50d - Calculation of specific items to be reported by the CCP
TITLE V - INTEROPERABILITY ARRANGEMENTS
Article 51 - Interoperability arrangements
Article 52 - Risk management
Article 53 - Provision of margins among CCPs
Article 54 - Approval of interoperability arrangements
TITLE VI - REGISTRATION AND SUPERVISION OF TRADE REPOSITORIES
CHAPTER 1 - Conditions and procedures for registration of a trade repository
Article 55 - Registration of a trade repository
Article 56 - Application for registration
Article 57 - Notification of and consultation with competent authorities prior to registration
Article 58 - Examination of the application
Article 59 - Notification of ESMA decisions relating to registration
Article 60 - Exercise of the powers referred to in Articles 61 to 63
Article 61 - Request for information
Article 62 - General investigations
Article 63 - On-site inspections
Article 64 - Procedural rules for taking supervisory measures and imposing fines
Article 65 - Fines
Article 66 - Periodic penalty payments
Article 67 - Hearing of the persons concerned
Article 68 - Disclosure, nature, enforcement and allocation of fines and periodic penalty payments
Article 69 - Review by the Court of Justice
Article 70 - Amendments to Annex II
Article 71 - Withdrawal of registration
Article 72 - Supervisory fees
Article 73 - Supervisory measures by ESMA
Article 74 - Delegation of tasks by ESMA to competent authorities
CHAPTER 2 - Relations with third countries
Article 75 - Equivalence and international agreements
Article 76 - Cooperation arrangements
Article 76a - Mutual direct access to data
Article 77 - Recognition of trade repositories
TITLE VII - REQUIREMENTS FOR TRADE REPOSITORIES
Article 78 - General requirements
Article 79 - Operational reliability
Article 80 - Safeguarding and recording
Article 81 - Transparency and data availability
Article 82 - Exercise of the delegation
TITLE VIII - COMMON PROVISIONS
Article 83 - Professional secrecy
Article 84 - Exchange of information
TITLE IX - TRANSITIONAL AND FINAL PROVISIONS
Article 85 - Reports and review
Article 86 - Committee procedure
Article 87 - Amendment to Directive 98/26/EC
Article 88 - Websites
Article 89 - Transitional provisions
Article 90 - Staff and resources of ESMA
Article 91 - Entry into force