Reporting on aggregate thresholds for assessing compliance with the active account
1. Every six months, counterparties shall report to their competent authority the information referred to in Table 1 and Table 2 of Annex II to this Regulation.
2. The information referred to in Table 2 of Annex II to this Regulation shall be reported at the level of the counterparty. However, where the counterparty belongs to a group subject to consolidated supervision in the Union as referred to in Article 7a(2) of Regulation (EU) No 648/2012, the information referred to in Table 2 of Annex II to this Regulation shall also be reported at the level of any subsidiaries, within and outside the Union.
Reporting on the operational conditions of the active account
1. Every six months, counterparties shall provide their competent authority with a written statement confirming that they comply with Articles 1, 2 and 3 of this Regulation.
2. The counterparties referred to in the paragraph 1 shall keep at the disposal of their competent authority the documentation necessary to prove that the counterparties comply with Articles 1, 2 and 3 of this Regulation.
Reporting on the representativeness obligation
1. Every six months, counterparties shall report to the competent authority:
(a)
the most relevant subcategories, as referred to in Articles 4(2), 5(2) and 6(2) of this Regulation;
(b)
the number of trades cleared, in each of the most relevant subcategory referred to Articles 4(2), 5(2) and 6(2), per class of derivative contracts and per reference period at clearing services of substantial systemic importance as specified pursuant to Article 25(2c) of Regulation (EU) No 648/2012;
(c)
the number of trades cleared, based on the average of the 12 previous months, in each of the most relevant subcategory referred to in Articles 4(2), 5(2) and 6(2), per class of derivative contracts and per reference period at an authorised CCP;
(d)
the duration of the reference period referred to in Articles 4(3) and 5(3) and Article 6(3) and (4).
2. Counterparties shall report to the competent authority when the number of trades cleared in a subcategory of the derivative contracts referred to in Article 7a(6) of Regulation (EU) No 648/2012 exceeds half of that counterparty’s total trades of the previous 12 months.
3. For the purposes of paragraph 1, counterparties shall use for each class of derivatives the Tables set out in Annex III to this Regulation, as appropriate.
Reporting arrangements from counterparties to competent authorities
1. Without prejudice to competent authorities requesting more frequent reporting pursuant to Article 7b(3) of Regulation (EU) No 648/2012, counterparties shall submit reports compliant with the templates set out in Annex II and III to this Regulation to competent authorities on the last day of January and on the last day of July each year. Each report shall contain the information pertaining to the previous 12 months.
2. By way of derogation from paragraph 1, the first submission to the competent authorities of data compliant with the templates set out in Annex II and III shall occur on the first reporting date falling no earlier than six months from 26 February 2026. The data shall contain information pertaining to the whole period starting from that date until the reporting date.
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.
