Joint DNB–AFM newsletter on the first reporting under the Active Account Requirement (EMIR 3)

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On 6 February 2026, the Regulatory Technical Standards (RTS) for the Active Account Requirement (AAR) (Article 7a), part of the revised European Market Infrastructure Regulation (EMIR 3), were published in the Official Journal of the European Union. They entered into force on 26 February 2026. The RTS specify the operational, representativeness and reporting obligations arising from Articles 7a and 7b of EMIR 3. 

Published: 13 April 2026

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As previously communicated by ESMA, DNB and the AFM, institutions that are subject to the clearing obligation and meet the conditions set out in Article 7a(1) of EMIR 3 are expected to submit their first report on the AAR by 31 July 2026 at the latest. This report should cover the period from 25 June 2025 to 30 June 2026 and should provide insight into compliance with the AAR over that period. 

Although the reporting tables set out in the RTS (Annexes II and III) are not yet in force at the time of the first reporting, we strongly encourage institutions to already use the provided templates. This will contribute to a uniform and efficient processing of the data. To further support this effort for uniform reporting, ESMA will publish a template in the coming weeks. For this, please refer to the ESMA website. 

Representativeness obligation 

On 20 February 2026, ESMA published additional guidance on the representativeness obligation. This guidance clarifies, inter alia: 

  • how institutions should determine the “most relevant subcategories” of derivatives; 
  • how they should assess whether they comply with the representativeness requirement; and 
  • how to correctly complete the related reporting templates. 

Submission of reports to DNB or the AFM 

The report for the purpose of the AAR can be submitted in July via the existing reporting portal (DNB) or by email (AFM). We kindly request that the report be submitted in CSV format. 

If you have any questions regarding the reporting requirement, please contact your account supervisor. They can provide further support in preparing your report. 

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