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Version date: 23 September 2022 - onwards
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Question 1 Should economically equivalent contracts traded on a third-country venue be considered EEOTC for position limit and position reporting purposes under MiFID II? [Last update: 23/09/2022]

Art. 58(2) of MiFID II

Should economically equivalent contracts traded on a third-country venue be considered EEOTC for position limit and position reporting purposes under MiFID II?

Answer 1

Whether or not positions held in commodity derivatives contracts traded on third-country venues that are economically equivalent (EE) to contracts traded on an EU trading venue, are to be considered as EETOC for position limit and position reporting purposes under Article 58(2) of MiFID II depends on the characteristics of that third-country trading venue, as set out in ESMA Opinion 70-154-466 of 15 December 2017 [Opinion on Determining third-country trading venues for the purpose of position limits under MiFID II (ESMA70-156-112)].

Market participants holding positions on third country venue contracts, that may be considered EEOTC under Article 58(2) of MiFID II and Article 6 of RTS 21a, or considering trading such contracts, should contact their CA and make them aware of those contracts. The

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