EMIR Art. 7b: every consolidated version and what changed

in force 2024-12-24 INSERTED+2,046 −0§

Amended by Regulation (EU) 2024/2987 32024R2987 · Regulation (EU) 2022/1671 32022R1671

applies from: unknown (an inserted provision states its own application date only in prose)

Article 7b is a newly inserted provision setting out monitoring requirements for the active account obligation, requiring financial and non-financial counterparties subject to Article 7a to calculate their activities and risk exposures in specified derivative contract categories and to report compliance information to their competent authority every six months, which must then transmit it to ESMA without undue delay.

The new text also requires counterparties holding accounts at a Tier 2 CCP alongside active accounts to report separately on resources and systems ensuring a specified condition is met, and directs competent authorities to ensure the obligation is fulfilled, including through supervisory powers, penalties, or requiring more frequent reporting.

Cited: Art. 7b, v2

text before / after

inserted text (02012R0648-20241224)

Article 7b
Monitoring of the active account obligation
1. A financial counterparty or a non-financial counterparty that is subject to the obligation referred to in Article 7a shall calculate its activities and risk exposures in the categories of derivative contracts referred to in paragraph 6 of that Article, and report every six months to its competent authority the information necessary to assess compliance with that obligation. The competent authority shall transmit that information to ESMA without undue delay.
The counterparties referred to in the first subparagraph of this paragraph shall use the information reported under Article 9 where relevant. The reporting shall also include a demonstration to the competent authority that the legal documentation, IT connectivity and internal processes associated to the active accounts are in place.
2. Financial counterparties and non-financial counterparties subject to the obligation referred to in paragraph 1 of this Article which hold, for the derivative contracts referred to in Article 7a(6), accounts at a Tier 2 CCP in addition to active accounts, shall also report every six months to their competent authority information on the resources and systems that they have in place to ensure that the condition referred to in Article 7a(3), point (b), is met. The competent authority shall transmit that information to ESMA without undue delay.
3. The competent authorities referred to in the first paragraph of this Article shall ensure that the financial and non-financial counterparties subject to the obligation referred to in Article 7a take the appropriate steps to fulfil that obligation, including using their supervisory powers under their sectoral legislation, where appropriate, or imposing penalties as referred to in Article 12 where necessary. Competent authorities may require more frequent reporting in particular where, based on the information reported, insufficient steps have been taken to meet the requirements set out in this Regulation as regards active accounts.