The European Commission has published a report to the European Parliament and the Council which provides an assessment of the need to temporarily exclude exchange-traded derivatives (ETDs) from the scope of Articles 35 and 36 of MiFIR.

The report only covers ETDs and does not include transferable securities, money market instruments and over-the-counter derivatives.

The report outlines a number of potential risks that the implementation of open and non-discriminatory access to ETDs under MiFIR might raise but having examined them the Commission considers that the current regulatory framework in MiFIR and EMIR appropriately address them.

In light of this the report concludes that it is not necessary to temporarily exclude ETDs from the scope of Articles 35 and 36 of MiFIR.

View European Commission report on temporary exclusion of exchange-traded derivatives from scope of Articles 35 and 36 of MiFIR, 11 September 2017