# Article 36 — Application of 9(2), Article 11, Articles 13 to 18, points (c), (d) and (f) of Article 19(1), Article 19(3) and Article 20 **Commission Delegated Regulation (EU) 2016/2251 · binding · OJ L 340, 15.12.2016 · dated 4 Oct 2016 [in force]** *In force · Consolidated version of 14 February 2023 · Checked against EUR-Lex on 20 Oct 2026 · [Official source](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02016R2251-20230214)* 1. Article 9(2), Article 11, Articles 13 to 18, points (c), (d) and (f) of Article 19(1), Article 19(3) and Article 20 shall apply as follows: **(a)** from 1 month after the date of entry into force of this Regulation, where both counterparties have, or belong to groups each of which has, an aggregate average notional amount of non-centrally cleared derivatives that is above EUR 3 000 billion; **(b)** from 1 September 2017, where both counterparties have, or belong to groups each of which has, an aggregate average notional amount of non-centrally cleared derivatives that is above EUR 2 250 billion; **(c)** from 1 September 2018, where both counterparties have, or belong to groups each of which has, an aggregate average notional amount of non-centrally cleared derivatives that is above EUR 1 500 billion; **(d)** from 1 September 2019, where both counterparties have, or belong to groups each of which has, an aggregate average notional amount of non-centrally cleared derivatives that is above EUR 750 billion; **(e)** from 1 September 2021, where both counterparties have, or belong to groups each of which has, an aggregate average notional amount of non-centrally cleared derivatives that is above EUR 50 billion; **(f)** from 1 September 2022, where both counterparties have, or belong to groups each of which has, an aggregate average notional amount of non-centrally cleared derivatives that is above EUR 8 billion. 2. By way of derogation from paragraph 1, where the conditions of paragraph 3 of this Article are met, Article 9(2), Article 11, Articles 13 to 18, points (c), (d) and (f) of Article 19(1), Article 19(3) and Article 20 shall apply as follows: **(a)** from 30 June 2025 where no equivalence decision has been adopted pursuant to [Article 13(2)](../../articles/13.md) of Regulation (EU) No 648/2012 for the purposes of [Article 11(3)](../../articles/11.md) of that Regulation in respect of the relevant third country; **(b)** the later of the following dates where an equivalence decision has been adopted pursuant to [Article 13(2)](../../articles/13.md) of Regulation (EU) No 648/2012 for the purposes of [Article 11(3)](../../articles/11.md) of that Regulation in respect of the relevant third country: **(i)** 4 months after the date of entry into force of the decision adopted pursuant to [Article 13(2)](../../articles/13.md) of Regulation (EU) No 648/2012 for the purposes of [Article 11(3)](../../articles/11.md) of that Regulation in respect of the relevant third country; **(ii)** the applicable date determined pursuant to paragraph 1. 3. The derogation referred to in paragraph 2 shall only apply where counterparties to a non-centrally cleared OTC derivative contract meet all of the following conditions: **(a)** one counterparty is established in a third country and the other counterparty is established in the Union; **(b)** the counterparty established in a third country is either a financial counterparty or a non-financial counterparty; **(c)** the counterparty established in the Union is one of the following: **(i)** a financial counterparty, a non-financial counterparty, a financial holding company, a financial institution or an ancillary services undertaking subject to appropriate prudential requirements and the third-country counterparty referred to in point (a) is a financial counterparty; **(ii)** either a financial counterparty or a non-financial counterparty and the third-country counterparty referred to in point (a) is a non-financial counterparty; **(d)** both counterparties are included in the same consolidation on a full basis in accordance to [Article 3(3)](../../articles/3.md) of Regulation (EU) No 648/2012; **(e)** both counterparties are subject to appropriate centralised risk evaluation, measurement and control procedures; **(f)** the requirements of Chapter III are met.