Exemption

Exemption from clearing requirements for small financial counterparties

Small financial counterparties are exempt from the obligation to clear transactions through a central counterparty. This category includes financial counterparties that do not exceed any of the clearing thresholds set out in Article 11 of Delegated Regulation (EU) 149/2013. Counterparties that exceed the clearing thresholds must notify FI of this. In order to be included in the category small financial counterparties, counterparties must perform calculations every year to ensure that they do not exceed the clearing thresholds.

For notification that the clearing threshold has been exceeded, please use the Esma template for passed clearing threshold.

Exemptions from clearing requirements for groups

A counterparty that intends to make use of the exemption from the clearing requirement for transactions with a third party that are part of the same group and established in the EU must notify FI (see Article 4(2)(a) of EMIR). FI can object to the use of the exemption if the transactions do not meet the requirements set out in Article 3 of EMIR. Please use the form for exemption from clearing requirement: Underrättelse avseende transaktioner inom en grupp - motpartsinformation.

A counterparty that intends to make use of the exemption from the clearing requirement for transactions with a third party that are part of the same group but established outside the EU must apply to FI for such an exemption (see Article 4(2)(b) of EMIR). Please use the form for exemption from clearing requirement: Ansökan om undantag från clearingkrav med motpart i ett tredjeland.

Read more in FI's instructions for notification to a competent authority on exemption from the clearing requirement (in Swedish).

Exemption for groups to pledge collateral

It is possible for firms in the same group to be exempt from the requirement to pledge collateral (see Article 11 of EMIR). The main rule is that an application must be submitted to FI. It is also necessary to show that the requirements laid forth in EMIR are met.

In some cases, it is enough to notify FI and show that the requirements are met. This applies when a non-financial counterparty conducts transactions with a counterparty in the same group that is either non-financial or established in the EU.

Read more in FI's instructions for application/notification on exemption from exchange of collateral according to Regulation (EU) nr 648/2012 of the European Parliament and the Council on OTC derivatives, central counterparties and trade repositories (EMIR) (in Swedish).

Please use the application forms for exemption from pledged assets: Ansökan om koncerninternt undantag från marginalkrav - enstaka par or Ansökan om koncerninternt undantag från marginalkrav - flera koncernenhetspar.

Exemption from reporting of transactions in groups where at least one counterparty is a non-financial counterparty

Counterparties can be exempt from the reporting requirement on transactions in groups where at least one counterparty is a non-financial counterparty. A counterparty that intends to make use of the exemption must notify FI of this intent and meet the requirements laid forth in Article 9 of EMIR (as revised through EMIR Refit).

Please use the form for exemption from reporting obligation: Notification of exemption from the reporting obligation.

Fees

For information about fees, see Europaparlamentets och rådets förordning (EU) nr 648/2012 av den 4 juli 2012 om OTC-derivat, centrala motparter och transaktionsregister

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