On 12 February 2026, the European Commission issued for consultation a draft Delegated Regulation (EU) supplementing European Market Infrastructure Regulation by specifying the method for the determination of fees charged by the European Banking Authority (EBA) for the validation of the pro forma models referred to in Article 11(3), fourth subparagraph, of that Regulation, and specifying the modalities of the payment of those fees.
The draft Delegated Regulation:
- Article 1 lays down the general principles the EBA should follow when calculating and collecting fees related to the performance of its validation function.
- Article 2 specifies how the EBA should estimate its annual overall costs related to the performance of its validation function.
- Article 3 specifies how counterparties should calculate their average notional amount for the purpose of the determination of the fees to be paid for the validation of the pro forma models they use.
- Article 4 specifies the fees to be paid by counterparties on a regular basis.
- Article 5 specifies the fees to be paid by counterparties using a pro forma model already in use prior to the entry into force of EMIR 3.
- Article 6 specifies the fees to be paid in the first years following the introduction and the application for validation of a new pro forma model.
- Article 7 provides for the general modalities of payment of the EBA fees.
- Article 8 specifies the information to be communicated to the EBA for the purpose of the determination of the EBA fees.
- Article 9 lays down the date of entry into force of the delegated act
Next steps
The deadline for comments on the consultation is 12 March 2026.
The draft Delegated Regulation enters into force on the twentieth day following that of its publication in the Official Journal of the European Union.