ESMA_QA_2776
16/02/2026
Subject Matter
AAR representativeness obligation
Original question
Are counterparties immediately relieved from the representativeness obligation, including reporting, when they no longer meet the EUR 6 billion threshold set out under Article 7a(4) of EMIR?
ESMA Answer
27-02-2026
Original language
The representativeness obligation, including reporting, ceases to apply as soon as a counterparty no longer meets the EUR 6 billion threshold set out under Article 7a(4) of EMIR.
However, to enable NCAs to verify compliance, a counterparty must still submit the reporting covering the last period during which it was subject to the representativeness obligation.
Counterparties must keep monitoring their positions on a continuous basis against the relevant thresholds.
Status: Answer Published
Additional Information
Level 1 Regulation
Regulation 648/2012 - OTC derivatives, central counterparties and trade repositories (EMIR) - CCPs
Additional Legal Reference
Article 7a
Topic
EU-CCPs