Examples of EU EMIR in a sentence
EU EMIR and the requirements under it impose certain obligations on parties to "over the counter" derivative contracts including (i) a mandatory clearing obligation for certain standardised OTC derivatives contracts, (ii) a margin posting obligation for OTC derivatives contracts not subject to clearing, (iii) other risk-mitigation techniques for OTC derivatives contracts not cleared by a central counterparty, and (iv) certain reporting and record-keeping requirements.
Lower capital requirements for cleared trades are only available if the central counterparty is recognised as a 'qualifying central counterparty', which has been authorised or recognised under EMIR (in accordance with related binding technical standards).Pursuant to EMIR, counterparties can be classified as: (i) financial counterparties ("FCs") (which, following changes made by EU EMIR Refit 2.1, includes a sub-category of small FCs ("SFCs")), and(ii) non-financial counterparties ("NFCs").
In the United Kingdom, EU EMIR and MiFID II/MiFIR (together, the "European Regulations") were either implemented directly or transposed into domestic law by a body of domestic legislation on or prior to 31 December 2020.
The EU EMIR exposes EU energy firms to a substantial competitive disadvantage vis-à-vis firms from 3rd country jurisdictions because the latter are either not subject to the EU EMIR clearing rules or can make use of the more lenient OTC derivatives regime in their home jurisdictions.
If the Issuer's counterparty status as an NFC- changes then the Issuer may become subject to greater obligations under EU EMIR including the Clearing Obligation (as such term is defined below).
No assurances can be given that any future changes to EU EMIR would not cause the status of the Issuer to change and lead to an increased regulatory burden on the Issuer in respect of its hedging arrangements.
This attached Benchmark Study of 4 October 2021 compared the EU EMIR rules with international standards for the clearing and margining obligations of non-financial firms (NFCs).
However, the definition of eligible commercial risks for hedging under EU EMIR is rather restrictive and the privilege correspondingly narrow.Please note that the above-mentioned findings are explained in more depth in the attached Benchmark Study of 4 October 2021.
If the Issuer is required to comply with certain obligations under EU EMIR that give rise to clearing, margin posting or additional costs and expenses for the Issuer, this may in turn reduce amounts available to make payments with respect to the Notes.
Within the EU, EMIR and MiFIR fulfil the G20 commitments on improving the safety and transparency of over-the-counter (OTC) derivatives market as agreed in Pittsburgh in September 2009.