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# ESMA Q\&A 2630 — Q\&A — EMIR 3.0 Active Account Requirement and Reporting \[Answer Published]

*Answer Published · ESMA publication · Checked against the ESMA publication on 11 Oct 2026 ·* [*Official source*](https://www.esma.europa.eu/publications-data/questions-answers/2630)

|                         |                                                                                               |
| ----------------------- | --------------------------------------------------------------------------------------------- |
| **Full title**          | ESMA Q\&A 2630 — Q\&A — EMIR 3.0 Active Account Requirement and Reporting \[Answer Published] |
| **Issuer**              | ESMA                                                                                          |
| **Reference**           | ESMA\_QA\_2630                                                                                |
| **Document type**       | Q\&A                                                                                          |
| **Date**                | published 27/08/2025; answer 13-10-2025                                                       |
| **Addressees**          | Not recorded                                                                                  |
| **Legal basis**         | Not recorded                                                                                  |
| **Related instruments** | None recorded                                                                                 |
| **Text on this page**   | Word for word — the full text of the ESMA publication                                         |

**EMIR 3.0 Active Account Requirement and Reporting Obligation**

#### Question

Should counterparties that clear 100% of their relevant derivatives contracts in the EU still be required to comply with the representativeness obligation under Article 7a(3)(d) of EMIR, the reporting obligation under Article 7b(1), and the representativeness reporting requirements outlined in the RTS?

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#### Answer

As clarified by ESMA\_QA\_2517, counterparties that clear 85% of the relevant derivatives contracts in a CCP authorised under Article 14 of EMIR are exempted from the operational, stress testing and reporting requirements referred under Article 7a and 7b of EMIR. They are not exempted from the representativeness obligation under Article 7a(3), point (d), of EMIR

However, the representativeness requirement requires counterparties to clear trades representative of the trades "that are cleared at a clearing service of substantial systemic importance". Therefore, where is no activity at a clearing service of substantial systemic importance, the representativeness requirement should not apply.

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