ESMA ISSUES OPINIONS ON UK PENSION SCHEMES TO BE EXEMPT FROM CENTRAL CLEARING UNDER EMIR

ESMA issues new ruling

ESMA issues new ruling

The European Securities and Markets Authority (ESMA) has today issued a set of opinions regarding the exemption of 16 UK pension schemes from the obligation to centrally clear OTC derivative contracts under the European Market Infrastructure Regulation (EMIR).

Pension scheme arrangements meeting certain criteria were granted a transitional exemption from the clearing obligation under EMIR. Pensions schemes have to ask their national competent authority to be exempted from the clearing obligation. Before deciding on an exemption, the relevant competent authority needs to obtain the opinion of ESMA which also needs to consult the European Insurance and Occupational Pensions Authority (EIOPA).

Today’s document published by ESMA contains opinions on 16 UK-based pension schemes where the UK Financial Conduct Authority (FCA) is the competent authority for securities markets. After the exemptions are granted by the FCA, ESMA will publish the list of the types of entities/ arrangements that have been exempted.

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