SUP 15A Application and notifications under EMIR

Where a person intends to rely on article 4(2), 4a(2), 10(2) or 89(2) of EMIR for an exemption from the clearing obligation set out in article 4(1) or 10(1) of EMIR, the person should make their application or notification to the FCA in such manner, and by providing such information, as the FCA directs or requires.

Where a person notifies the FCA in respect of the obligation set out in EMIR in:

1. (1)

   point (a) of the second subparagraph of article 4a(1);

2. (2)

   the fourth subparagraph of article 9(1); or

3. (3)

   point (a) of the second subparagraph of article 10(1),

the notification should be made in such manner, and by providing such information, as the FCA directs or requires.

Where a person intends to rely on article 11(8) or (9) for an exemption from the obligation to implement risk management procedures set out in article 11(3) of EMIR, the person should make their application or notification to the FCA in accordance with EMIR requirements, including (where relevant) those set out in the EMIR technical standards on OTC derivatives and Part 5 (Transitional Provisions: Intragroup Transactions) of the Trade Repositories (EU Exit) Regulations.

Where a person is required to make a notification to the FCA in accordance with article 12(4) or article 15(2) of the EMIR technical standards on OTC derivatives, that notification should be made in accordance with the EMIR requirements set out in the EMIR technical standards on OTC derivatives.

The FCA may require any information referred to in SUP 15A.1.1 G to SUP 15A.1.3A G to be provided in such form, or to be verified in such as a way, as the FCA may reasonably direct.

At any time after receiving an application or notification for exemption from, or a notification in respect of, EMIR requirements, the FCA may require the person concerned to provide it with such further information as it reasonably considers necessary to enable it to determine the application or consider the notification.