Article 48(12)(d) of MiFID II empowers the European Commission to adopt, following submission of draft regulatory technical standards (RTS) by European Securities and Markets Authority (ESMA), a Delegated Regulation further specifying the requirements to ensure that co-location services and fee structures are fair, non-discriminatory and do not create incentives for disorderly trading conditions or market abuse.
ESMA submitted draft RTS to the Commission on 28 September 2015.
The Commission has now adopted a Commission Delegated Regulation supplementing MiFID II with regard to RTS on requirements to ensure fair and non-discriminatory co-location services and fee structures. The Delegated Regulation is subject to scrutiny by the Council of the EU and the European Parliament.
View Commission Delegated Regulation of 6.6.2016 supplementing MiFID II with regard to regulatory technical standards on requirements to ensure fair and non-discriminatory co-location services and fee structures, 6 June 2016