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ARTICLE · 05 NOVEMBER 2026

EMIR’s New Clearing Thresholds: Time To Reassess

The European Commission has amended clearing thresholds for OTC derivative contracts under EMIR 3, introducing new calculation methodologies that will fundamentally change how Financial Counterparties and Non-Financial Counterparties assess their clearing obligations. These regulatory changes, effective November 10, 2026, shift the framework from an exchange-traded versus OTC distinction to one based primarily on uncleared transaction levels, requiring counterparties to reassess their clearing status and op

IrelandFinance and Banking

Commission Delegated Regulation (EU) 2026/2343 of 14 July 2026 amending the regulatory technical standards (RTS) laid down in Delegated Regulation (EU) No 149/2013 as regards the clearing thresholds and the mechanisms triggering their review (the Delegated Regulation) was published in the Official Journal on 21 October 2026 and will enter into force on 10 November 2026. The Delegated Regulation reflects a mandate under Regulation (EU) 2024/2987 (EMIR 3). It amends the clearing thresholds applicable to counterparties transacting certain classes of OTC derivative contracts and introduces a new review clause.

Key takeaways

  • New clearing thresholds take effect from 10 November 2026
  • Methodology changes will also impact clearing threshold calculations

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