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.
