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Several updated MiFID II Q+As issued by ESMA, including on Commodity Derivatives – Market sizes also updated

ESMA has release three updated Questions and Answers documents on MiFID II:

  • Commodity derivatives (here)
  • Data reporting (here)
  • Market structures (here)

The commodity derivatives document features an extensive new set of answers on the topic of position reporting. This is carried out by investment firms who report positions to National Competent Authorities. The answers confirm that only investment firms and venues carry out such reporting, and address which positions must be reported by them. The answer also address the issue of “end client reporting” where the investment firm is required to dis-aggregate positions reported down to the end client level.

Despite the requirement only applying to investment firms, it is important to note that energy and commodity market participants who are non investment firms will still need to provide certain types of data breakdown, such as “hedge flagging”, to the venues on which they trade.

The Q+A also confirms that hedge exemptions for non investment firms only need to be applied for if the exemption is required, i.e. without it the firm would breach a limit.

There are no new answers on the ancillary activity test. However the market size opinion recently issued by ESMA (see here)  has now been updated with revised figures for emissions and “C10” instruments (see here and here for an article on the topic by Platts).

The data reporting Q+A gives some field specific information on transaction reporting, and also states that actionable Indications of Interest are subject to order record keeping requirements.

The market structures Q+A contains several new answers on the topic of venues, and in particular addresses the issue of whether non investment firms may have direct access to regulated markets (exchanges) and multilateral trading facilities.

While these answer fill several gaps in the knowledge of those needing to comply with the rules, many questions do remain unanswered.

About avivhandler

Aviv is the Managing Director of ETR Advisory, a niche consultancy focused on the regulation of the commodity, energy and financial markets. He has more than 23 years of experience in the financial, energy and commodity markets, covering regulatory compliance, credit, risk and financial technology. Prior to founding ETR, he was Partner at SunGard Global Services, where he built a Centre of Excellence in European Energy and Commodity Regulation. Before that, he founded Coherence, a consulting firm specializing in credit risk in commodity and energy trading as well as software product management. The credit practice ultimately became part of Sirius Solutions, where he was the Managing Director of Europe. He has also held management roles at KWI and Iris Financial, among other organizations. Mr. Handler holds a degree in computer science from Imperial College, University of London.


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