EBA · 2024_7255 Question under review

emission allowances

Regulation
Regulation (EU) No 575/2013 (CRR)
Article
Annex II, para. 3
Topic
Other issues
Submitted by
Competent authority
Submitted
2024-11-21
Answer provided by
ESAs (EBA, ESMA, EIOPA)
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Question

Sentence 2 of paragraph 3 of Annex II CRR refers to point (11) of Section C of Annex I MiFID, i.e. to emission allowances. Does that mean that spot market emission allowances are to be treated as derivative contracts listed in Annex II, even though they are not derivative in character?

Background

We are reviewing the calculation of KCCP by one of our supervised CCPs. The method of calculation is determined by Art 50b EMIR. Art 50b (a) (ii) EMIR refers to points (a) of Article 301(1) CRR, which in turn refers to derivative contracts listed in Annex II.
No answer published yet.

Original source: European Banking Authority, Q&A ID 2024_7255

This Q&A is published by European Banking Authority and is non-binding. It does not constitute legal advice. Updated weekly from official ESA sources.

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