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  1. Questions and Answers on MiFID II and MiFIR commodity derivatives topics (ESMA70-872942901-36) (updated 23 September 2022)
  2. 2 Position limits [Last update: 23/09/2022]
  3. Question 5 How should non-EU entities with positions above the thresholds be treated? Do they have access to exemptions, and if so, when and how do they apply to the relevant NCA? [Last update: 19/12/2016]
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Version date: 19 December 2016 - onwards

Question 5 How should non-EU entities with positions above the thresholds be treated? Do they have access to exemptions, and if so, when and how do they apply to the relevant NCA? [Last update: 19/12/2016]

Art. 57 of MiFID II RTS 21

How should non-EU entities with positions above the limits be treated? Do they have access to exemptions, and if so, when and how do they apply to the relevant NCA?

Answer 5

A non-financial entity from outside the EU (European Union) may apply for an exemption in the same manner as an EU firm would. The rules and procedures are laid down in RTS 21.

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