in force 2025-01-17 MODIFIED+1,207 −0§
Amended by Regulation (EU) 2022/2554 32022R2554
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2025-12-25
Sources disagree — the text comparison found this change; the EU's own amendment metadata does not list it and the amending act's instructions do not mention it. All are shown; none is overruled.
The after text adds a new paragraph 4 requiring ESMA, after consulting the ESRB and other relevant authorities, to develop draft regulatory technical standards specifying the value of clearing thresholds applicable to aggregate positions, to review that threshold when it reviews the thresholds under Article 10(4), and to submit those draft standards to the Commission by 25 December 2025, along with a delegation of power to the Commission to adopt them.
The after text also adds a new paragraph 5 defining an uncleared position, for the purposes of this Article and Article 10, as the aggregate month-end average position for the previous 12 months in OTC derivative contracts not cleared by a CCP authorised under Article 14 or recognised under Article 25.
Paragraphs 1 through 3 remain worded the same as in the earlier version.
Cited: Art. 4a, v2 · Art. 4a, v1
text before / after
02012R0648-20241224 → 02012R0648-20250117
Article 4a Financial counterparties that are subject to the clearing obligation 1. Every 12 months, a financial counterparty taking positions in OTC derivative contracts may calculate its aggregate month-end average position for the previous 12 months in accordance with paragraph 3. Where a … 353 unchanged words … the manager; and (b) a circumvention of the clearing obligation. The relevant competent authorities of the financial counterparty and of the other entities within the group shall establish cooperation procedures to ensure the effective calculation of the positions at the group level.4. ESMA, after having consulted the ESRB and other relevant authorities, shall develop draft regulatory technical standards to specify the value of the clearing thresholds applicable to aggregate positions where necessary to ensure the prudent coverage of financial counterparties under the clearing obligation. Where ESMA, in accordance with Article 10(4a), reviews the clearing thresholds specified pursuant to Article 10(4), first subparagraph, point (b), ESMA shall also review the clearing threshold specified pursuant to the first subparagraph of this paragraph. ESMA shall submit the draft regulatory technical standards referred to in the first subparagraph to the Commission by 25 December 2025. Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph of this paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010. 5. For the purposes of this Article and Article 10, uncleared position means the aggregate month-end average position for the previous 12 months in OTC derivative contracts that are not cleared by a CCP authorised under Article 14 or recognised under Article 25.