Methodological and interpretative documents

Notification to the CNB

All notifications shall be submitted to the CNB via emir@cnb.cz.

Clearing obligation

  • Notification under Article 4a or 10 of EMIR on the noncalculation of positions
  • Notification under Article 4a or 10 of EMIR when the result of the calculation of positions exceeds any of the clearing thresholds
  • Notification under Article 4a or 10 of EMIR when the result of the calculation of positions no longer exceeds any of the clearing thresholds

The ESMA notification template (external link) shall be used. The CNB notes that Article 1(4) and (9) of EMIR 3, which amends Articles 4a(1)-(3) and 10(1)-(3) of EMIR, applies only after the entry into force of the regulatory technical standards referred to in Article 10(4) of EMIR (as amended by EMIR 3).

Reporting obligation

Active account obligation

  • Notification under Article 7a(1) of EMIR when a counterparty becomes subject to the obligation to hold an active account

The ESMA notification template shall be used.

  • Report under Article 7b(1) and (2) EMIR containing information necessary to assess compliance with the obligation to hold an active account and information on the resources and systems in place to ensure that the account can be used for large volumes of derivative contracts at all times

To be specified (see ESMA Consultation).

Notification to ESMA

Clearing obligation

  • Notification under Article 4a or 10 of EMIR on the noncalculation of positions
  • Notification under Article 4a or 10 of EMIR when the result of the calculation of positions exceeds any of the clearing thresholds
  • Notification under Article 4a or 10 of EMIR when the result of the calculation of positions no longer exceeds any of the clearing thresholds

The ESMA notification template shall be used and submitted via EMIR-notifications@esma.europa.eu. Please refer to ESMA’s website for more information.

Active account obligation

  • Notification under Article 7a(1) of EMIR when a counterparty becomes subject to the obligation to hold an active account

The ESMA notification template shall be used and submitted via AAR-notifications@esma.europa.eu. Please refer to ESMA’s website for more information.