ESMA · ESMA_QA_847 Answer Published

Interpretation of "emission allowances" under C(4)

Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- MDP
Article
MiFID II main text, Annex I, Section C on financial instruments
Topic
* EMIR Reporting
Submitted
2023-04-27
Answered
2024-06-24

Question

Does the financial instruments in Annex I, section C(4) include derivatives on emission allowances not recognized under the EU ETS, thus making these reportable under EMIR? Specific example: Derivatives on UKAs, recognized under UK ETS.

Answer

Yes. The definition of derivatives on emission allowances provided in Section C(4) of Annex I to MiFID II does not distinguish between emission allowances recognised for compliance under the EU ETS Directive, and other emission allowances. Therefore, derivatives on emission allowances not recognised for compliance under that Directive qualify as financial instruments.

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

Similar Q&As

📋 Track EU financial regulation continuously

Forseti monitors EU financial regulation and delivers personalised alerts anchored to verified official sources.

14-day free trial. No credit card required.