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In this act Article 2 of 5

Article 2 — Categories of counterparties

Financial servicesLevel 2RTSEMIRIn forceOfficial source

2(1)

1.For the purposes of Articles 3 and 4, the counterparties subject to the clearing obligation shall be divided in the following categories:

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2(1)(a)
(a)Category 1, comprising counterparties which, on the date of entry into force of this Regulation, are clearing members, within the meaning of Article 2(14) of Regulation (EU) No 648/2012, for at least one of the classes of OTC derivatives set out in Annex I of this Regulation or in Annex I of Commission Delegated Regulation (EU) 2015/2205, of at least one of the CCPs authorised or recognised before that date to clear at least one of those classes;
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2(1)(b)
(b)Category 2, comprising counterparties not belonging to Category 1 which belong to a group whose aggregate month-end average of outstanding gross notional amount of non-centrally cleared derivatives for January, February and March 2016 is above EUR 8 billion and which are any of the following:
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2(1)(b)(i)
(i)financial counterparties;
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2(1)(b)(ii)
(ii)alternative investment funds as defined in Article 4(1)(a) of Directive 2011/61/EU of the European Parliament and of the Council that are non-financial counterparties;
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2(1)(c)
(c)Category 3, comprising counterparties not belonging to Category 1 or Category 2 which are any of the following:
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2(1)(c)(i)
(i)financial counterparties;
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2(1)(c)(ii)
(ii)alternative investment funds as defined in Article 4(1)(a) of Directive 2011/61/EU that are non-financial counterparties;
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2(1)(d)
(d)Category 4, comprising non-financial counterparties that do not belong to Category 1, Category 2 or Category 3.
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2(2)

2.For the purposes of calculating the group aggregate month-end average of outstanding gross notional amount referred to in point (b) of paragraph 1, all of the group's non-centrally cleared derivatives, including foreign exchange forwards, swaps and currency swaps, shall be included.

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2(3)

3.Where counterparties are alternative investment funds as defined in Article 4(1)(a) of Directive 2011/61/EU or undertakings for collective investment in transferable securities as defined in Article 1(2) of Directive 2009/65/EC of the European Parliament and of the Council, the EUR 8 billion threshold referred to in point (b) of paragraph 1 of this Article shall apply individually at fund level.

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