ESMA_QA_2936
08/10/2026
Subject Matter
AAR representativeness obligation
Original question
Should the “one-half” rule set-out under Article 7a(4), subparagraph 5 of EMIR be applied at the level of the classes of derivatives, or across all classes of derivatives?
ESMA Answer
08-10-2026
Original language
ESMA Q&A 2518, prepared by the European Commission, provides further details on how the calculation of the exemption under Article 7a(4) fifth subparagraph, should be assessed.
The Q&A does not explicitly provide for the calculation to be performed at class level. In particular, the reference in the Q&A to “all subcategories taken together”, without specifically mentioning that it would be at “class level”, should be read as indicating that the condition set out in the fifth subparagraph of Article 7a(4) of EMIR should be assessed on an aggregated basis, all classes combined.
Status: Answer Published
Additional Information
Level 1 Regulation
Regulation 648/2012 - OTC derivatives, central counterparties and trade repositories (EMIR) - CCPs
Topic
EU-CCPs