ISDA responds to ESMA MiFIR review consultation
The International Swaps and Derivatives Association (ISDA) has published its response to the European Securities and Markets Authority (ESMA)'s fourth package of Level 2 consultation under the Markets in Financial Instruments Regulation (MiFIR) Review, launched in April 2025. This package focuses on transparency requirements for derivatives, package orders and input/output data for the derivatives consolidated tape. ISDA opposes ESMA's proposal to use modified International Securities Identification Numbers for over-the-counter derivatives, advocating instead for the use of unique product identifiers. It also contests the classification of single name credit default swaps (CDSs) referencing global systemically important banks as liquid instruments, proposing a revised price deferral framework for such contracts. Additionally, ISDA asserts that the proposed price deferral for index CDSs referencing iTraxx indices is insufficient and proposes new price deferral lengths based on implied trade-out time. However, it expresses general support for the deferral framework for interest rate derivatives.