On 13 October 2023, the European Securities and Markets Authority (ESMA) published updated Questions and Answers (Q&As) on MiFID II and MiFIR market structure topics.

The Q&As have been updated to include the two following Q&As with regards to access to CCPs and trading venues:

• Question 8 – To what extent can a trading venue apply different fee schedules to CCPs under Article 36 of MiFIR? Is it possible for a trading venue to apply different fee schedules depending on whether a CCP has close links to the trading venue?
• Question 9 – Can a trading venue that has already granted access to a CCP charge new fees, whether oneoff or ongoing, that were not agreed in the access arrangement, and if so, under which circumstances?