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12 February 2024

EMIR Refit: Update of the AMF website on notifications forms

Notification of errors and omissions to the AMF under Article 9 of Implementing Regulation 2022/1860 defining technical implementing standards for the application of EMIR Refit

On January 26, 2024, the AMF declared that it complies with ESMA's guidelines on EMIR reporting.

In this context, the AMF intends to clarify the procedures for notifying errors and omissions under Article 9 of Implementing Regulation (EU) 2022/1860 laying down technical implementing standards for the application of the EMIR Refit Regulation. This article provides for a mechanism whereby the entity responsible for reporting shall formally notify the competent authority, via a form available on ESMA’s website, of errors and omissions likely to concern a "significant number of reports".

Paragraphs 380 et seq. of ESMA’s guidelines on EMIR reporting also set out the procedures for calculating the materiality of misreporting.

The notification template to be used by reporting entities is available on the ESMA website at the following link: https://www.esma.europa.eu/sites/default/files/library/esma74-362-2683_emir_refit_validation_rules_reconciliation_tolerances_and_template_for_notifications_of_dq_issues.xlsx

Once completed, this form should be sent to the following e-mail address: emir [at] amf-france.org (emir[at]amf-france[dot]org) with the file name "EMIR EO" followed by a space and the reporting date in the format "dd-mm-yyyy", another space and the LEI of the entity responsible for reporting. Please note that the file name must be repeated in the email subject line.