The FCA Launches a Short EMIR Consultation on Reporting

What is it about?

This week the FCA, the UK financial regulator, published (click here) its quarterly consultation paper which contains proposals for minor changes to UK EMIR reporting.

• Following the implementation of UK EMIR Refit in March 2025, the FCA and the Bank of England (BOE), the latter being responsible for the oversight of Central Counterparties under UK EMIR, are consulting on minor changes to the UK EMIR reporting regime to make it work more efficiently;
• The proposed changes apply to the ‘Execution agent’ field which is an optional field applying only to certain firms that delegate reporting through a broker and use an execution agent to execute trades on their behalf. Prior to the implementation of UK EMIR Refit in September 2024, the FCA received industry feedback that the field should also have been included in Table 3 of the Annexes of the Technical Standards. As a result, firms have adopted various interim solutions and workarounds to enable relevant parties to have sight of submissions;
• To address this apparent oversight, and to simplify reporting processes, the FCA and BOE propose adding the ‘Execution agent’ field to Table 3 of the Annexes of the Technical Standards and to make the necessary changes to the UK EMIR XML reporting schemas and UK EMIR Validation Rules. As with the pre-existing Execution agent field, this new field will not need to be completed where such an Execution agent is not used. The opportunity will also be used to fix a minor cross-referencing error regarding the Unique Transaction Identifier (UTI) in Article 8(5) Annex B of the Technical Standards on the Standards, Formats, Frequency and Methods and Arrangements for Reporting.

The full 89-page FCA consultation may be found here. In summary, the consultation relating to EMIR UK covers the following:

Proposal 1: The addition of ‘Execution agent’ as a new field (Field 30) in Table 3 of the Annexes of the EMIR Technical Standards on the Minimum Details of the Data to be Reported to Trade Repositories 2023 (click here) and EMIR Technical Standards on the Standards, Formats, Frequency and Methods and Arrangements for Reporting 2023 (click here) and the consequential cross-referencing changes in each Technical Standard.

The proposed amendment will also be reflected in other technical documentation to ensure consistency including in the draft Validation Rules and draft XML reporting schemas (Incoming messages to TRs and Outgoing messages from TRs) – both of which are applicable from 1 December 2025 (see here for both).

Question 5.1: Do you agree with the proposed addition of Field 30 (Execution agent) to Table 3 of the Annexes of each technical standard? If not, please provide your rationale.

Question 5.2: Do you agree with the implementation date of 1 December 2025?

Question 5.3: Do you have any other comments on the proposals set out in this chapter?

Proposal 2: Amendment of Article 8(5) (Unique Transaction Identifier) of the EMIR Technical Standards on the Standards, Formats, Frequency and Methods and Arrangements for Reporting 2023 (click here) to correct a cross-referencing error.

This is set out on page 4 of the draft Standards Instrument (see page 75 of this document).

This brief consultation closes on 30 June 2025. Firms wishing to respond may use this online link to do so.