The European Securities and Markets Authority (ESMA) has published its second annual report on the supervisory measures carried out and penalties imposed by national competent authorities (NCAs) under the European Market Infrastructure Regulation (EMIR).
ESMA has an obligation under EMIR to deliver an annual report to the European Parliament, the Council and the Commission on the penalties imposed by competent authorities along with supervisory measures, EMIR reporting fines and periodic penalty payments.
The latest report covers January to December 2018 and focuses on ESMA's supervisory measures, enforcement actions, and the interaction between NCAs and market participants when monitoring compliance with the following EMIR requirements: the clearing obligation for certain OTC derivatives (Art. 4 EMIR); the reporting obligation of derivative transactions to TRs (Art. 9 EMIR); requirements for non-financial counterparties (Art. 10 EMIR); and risk mitigation techniques for non-cleared OTC derivatives (Art. 11 EMIR).
ESMA expects the report to be a useful tool to understand the supervisory and enforcement efforts of NCAs. The report has been sent to the European Parliament, the Council and the Commission. You can read it here.
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