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Statement of EMIR Status

The European Market Infrastructure Regulation (Regulation (EU) No 648/2012 of 4 July 2012 on OTC derivatives, central counterparties and trade repositories, “EMIR”) sets forth certain regulatory obligations for counterparties, the extent of which depends on the company’s status and scope of trading. EMIR differentiates between the following categories:

  • FC – financial counterparties
  • NFC – non-financial counterparties
  • NFC+ – non-financial counterparties above the EMIR clearing thresholds (as determined in Article 11 of the Commission Delegated Regulation (EU) No 149/2013 of 19 December 2012, “RTS”)

The BKW Group is a group of companies with the stock-listed BKW AG as the ultimate parent company established in Switzerland and thus outside the European Union and the EEA. All BKW Group companies established in the European Union are non-financial counterparties (NFC) pursuant to Article 2 (9) of EMIR. Similarly, BKW AG and the BKW Group companies established in Switzerland would be non-financial counterparties if they were established in the European Union. Currently, BKW does not exceed any of the relevant clearing thresholds in Art. 11 of the RTS at group level. This status remains subject to continuing review.

Even if no clearing obligation for a counterparty exists, EMIR sets forth certain obligations regarding OTC derivative contracts (“EMIR-relevant transactions”), e. g. reporting or risk-mitigation obligations. For reporting purposes, each counterparty entering into EMIR-relevant transactions needs to be identified with a Legal Entity Identifier (LEI). The following list shows the (Pre-)LEIs of all BKW Group companies that have entered or may enter into EMIR-relevant transactions.

For further information, please contact BKW legal service, Phone +41 (0) 58 477 56 69.

NameCountry(Pre-)LEIDetails
BKW AGSwitzerland549300IE30SKTUO98Q38View details
BKW Energie AGSwitzerlandHP4455X23HMJWUDSIO96View details
BKW Italia S.p.A.Italy5493003Q5PT268WLBB32View details
Electra Italia S.p.A.Italy549300K44MRCJB4KBV40View details
HelveticWind Eolo SrlItaly549300DJTHD1FED0LY26View details
BKW Deutschland GmbHGermany549300RR0XKMB6YEIP29View details
BKW Holleben Wind GmbHGermany549300V5DOL60HFL7265View details
BKW Bippen Wind GmbHGermany549300YHKPKIM91PLL74View details

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