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Notifications, applications and error reporting under EMIR

Notifications, applications and error reporting under EMIR

Last published: 11 October 2024

Information on how to notify the clearing obligation and notify or apply for an exemption from the clearing obligation, the obligation to report to a trade repository or the obligation to take risk-mitigating measures. You will also find a form for notifying reporting errors or deficiencies.

This page contains:

  • Encryption 
  • Notification of clearing obligation
  • Exemption from the clearing obligation
  • Exemption from reporting to trade repositories
  • How to give a single service or role to others
  • Exemption from the obligation to implement risk-mitigating measures 
  • Notification of errors or shortcomings in the reporting

Notifications and applications should be sent to post@finanstilsynet.no unless otherwise stated. 

Encryption 

Finanstilsynet uses so-called TLS encryption to encrypt emails with sensitive content. More information about TLS: NSM: Secure communication with TLS (in Norwegian only)

If you require further information about encryption, please contact Finanstilsynet.

The sender is responsible for ensuring that emails with sensitive content are not sent unencrypted.

Notification of clearing obligation

When notifying that a clearing threshold has been exceeded, cf. EMIR Article 4a and Article 10(1)a use the following form from ESMA (please note that the notification must be sent to both Finanstilsynet and ESMA):

  • Notification on Clearing Threshold (xlsx) 

Exemption from the clearing obligation

When an entity is to notify or apply for an exemption from the clearing obligation for intragroup transactions under EMIR Article 4 (2) (a) or (b), the following forms shall be used:

  • Notification of exemption from the clearing obligation for intragroup transactions with counterparties in the EEA, cf. EMIR Article 4 (2) (a) (xlsx)
  • Applications for exemption from the clearing obligation for intragroup transactions with counterparties established in countries outside the EEA, cf. Article 4 (2) (b) (xlsx)

Exemption from reporting to trade repositories

Norwegian entities intending to make use of the exemption from reporting intragroup OTC derivative transactions to a trade repository, cf. EMIR Article 9, must notify this in Altinn using form KRT-1177: Notification of exemption from the reporting obligation for intragroup OTC derivative transactions. The sender’s Norwegian national identity number or D number is required. 

  • Notification of exemption from the reporting obligation for intragroup OTC derivative transactions (KRT-1177)

How to give a single service or role to others

Follow the process in Altinn to give others rights to a single service that gives access to a specific form or to delegate a role that gives access to several forms:

  • How to give a single service or role to others (Altinn)

Exemption from the obligation to implement risk-mitigating measures 

Entities may apply for or notify exemptions from the obligation to exchange collateral as a risk-mitigating measure under EMIR Article 11.

  • Margin exemption for intragroup transactions form (xlsx)
  • Margin exemption for intragroup transactions User Guide (pdf)

Notification of errors or shortcomings in the reporting

Norwegian entities reporting according to EMIR shall comply with Commission Implementing Regulation (EU) 2022/1860 and notify Finanstilsynet of incidents covered by Article 9(1) (a) to (c). The notification shall be made by submitting the form below via the general attachment form (KRT-1060) in Altinn with reference to case number 24/3671. A guide to completing the form is provided in chapter 3.29 ‘Ensuring data quality by counterparties’ of ESMA's ‘Guidelines on reporting under EMIR REFIT’, see link below. Any questions may be sent to vpm-rapportering@finanstilsynet.no.

  • General attachment (KRT-1060) (Altinn)
  • Notification for data quality issues (xlsx)
  • ESMA: Guidelines for reporting under EMIR
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