New SFTR & EMIR procedures available for notification forms and intra-group exemption requests

Following the entry into force of the EMIR Refit regulation on April 29, 2024, the CSSF enables financial and non-financial counterparties to complete and submit the “EMIR – notification form and request for intragroup exemption” and “SFTR – notification form” procedures either through eDesk or by using an API solution based on the submission of a structured exchange file via the S3 protocol.

The “EMIR – notification form and request for intragroup exemption” procedure includes the following notifications and exemption requests:

• Notification by FC and NFC exceeding or ceasing to exceed the clearing threshold (Articles 4a and 10 of EMIR).
• Notification by FC for outstanding disputes.
• Information by NFC and RAIFs.
• Notification on Data Quality issues and other errors or omissions (Article 9 of the ITS on reporting).
• Notification for intragroup exemption from the central clearing (Article 4(2) of EMIR).
• Notification for intragroup exemption from collateral exchange (Articles 11(6) to 11(10) of EMIR).
• Notification for intragroup exemption from reporting (Article 9(1) of EMIR).

The “SFTR – notification form” procedure includes the following notification:

• Notification on Data Quality issues and other errors or omissions.

A user guide, available in the EMIR and SFTR procedures, details the submission modalities for eDesk and API.

The webforms and Excel files previously available for this data collection are no longer accessible and have been replaced by these new eDesk procedures.

For further information related to the different forms, please visit the dedicated pages on our website European Market Infrastructure Regulation (EMIR) and Securities Financing Transaction Regulation (SFTR).

Please contact edesk@cssf.lu for any technical questions regarding eDesk/S3 or emir@cssf.lu/sftr@cssf.lu for any other questions related to the forms.