MiFIR: EU Commission reports on exchange-traded derivatives exemption

The EU Commission has published a report on the need to temporarily exclude exchange-traded derivatives from the scope of Articles 35 and 36 of the Markets in Financial Instruments Regulation (MiFIR). The report provides a risk assessment for open and non-discriminatory access provisions in MiFIR and discusses the exchange-traded derivatives market structure.

The report concludes that the current regulatory framework in MiFIR and the European Market Infrastructure Regulation (EMIR) appropriately addresses the potential risks identified and, on this basis, it is not necessary to temporarily exclude exchange-traded derivatives from the scope of Articles 35 and 36.