ESMA_QA_2776
16/02/2026
Subject Matter
AAR representativeness obligation
    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

      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