MiFID II entered into force on 3 Jan 2018

    For information purposes only! The information on this website does not provide or substitute legal advice!

    MiFID II, the revision of MiFID I and a new regulation, MiFIR changes the rules for trading commodity derivatives. All derivatives contracts are effected by MiFID II and led to increased reporting requirements for trading participants. EEX Group built up a unique compliance service framework to meet MIFID II requirements with minimal effort.

    All traders exceeding the ancillary activity exemption threshold are categorised as an investment firm and are therefore inside the scope of MiFID II. Only traders with ancillary activities in trading commodity derivatives stay outside the scope of MiFID II.

    Every commodity derivative contract is subject to position limits (see more information in tables below) and trigger the obligation for market participants as well as trading venues to report positions.

    MiFID II Webinar
    Watch the full length video recording on important obligations here.

    MiFID II short code upload tutorial
    Learn more about MiFID II related changes to the trading system and how to upload short codes in our video tutorial.

    MiFID II Downloads
    2021-02-19 MiFID EEX overview short code mapping Regulatory Reporting MiFID II / MiFIR Overview pdf (572 KB)
    2020-05-11 MiFID II/MiFIR Data Services Agreement Regulatory Reporting MiFID II / MiFIR Registration / Starter Kit pdf (618 KB)
    2018-10-17 Mandatory Market Making according to RTS – Spreads Regulatory Reporting MiFID II / MiFIR Overview xls (65 KB)
    2018-06-20 Third Country Firms under MiFID II - German Banking act Regulatory Reporting MiFID II / MiFIR Overview pdf (113 KB)
    2018-06-07 MiFID II/MiFIR Data Services Description Regulatory Reporting MiFID II / MiFIR Registration / Starter Kit pdf (2 MB)
    2018-01-09 MiFID II Q&A Regulatory Reporting MiFID II / MiFIR Overview pdf (274 KB)
    2018-01-09 MiFID II Q&A Track Changes Regulatory Reporting MiFID II / MiFIR Overview pdf (651 KB)
    2017-10-27 2017-10-27 EEX-PEGAS Customer Information - OTF Transition Regulatory Reporting MiFID II / MiFIR Overview pdf (276 KB)
    2017-10-12 Third Country Firms under MiFID II (EEX Participants) Regulatory Reporting MiFID II / MiFIR Overview pdf (127 KB)

    Further Information

    Level

    Description

    Legal Basis

    Level 1

    Overarching framework legislation produced using standard co-decision procedure

    Directive (EU) No. 2014/65  of  15  May  2014

    on  markets  in  financial  instruments  and  amending  Directive  2002/92/EC  and  Directive  2011/61/EU, or simply the Markets in Financial Instruments Directive (MiFID II)  

    Regulation (EU)  No. 600/2014  of  15  May  2014

    on  markets  in  financial  instruments  and  amending  Regulation  (EU)  No  648/2012, or simply the Market in Financial Instruments Regulation (MiFIR).

    Level 2

    Secondary legislation containing additional definitions and matters of detail, which is produced separately by the European Commission in consultation with ESMA, following the Level 1 legislation.

    EC overview of Regulatory Technical Standards (RTSs) and Implementing Technical Standards (ITSs). Once published by the Official Journal, RTSs and ITSs are called Delegated and Implementing Regulations respectively.

    E.g.:

    Level 3

    Guidance designed to ensure that EU legislation is applied by the respective competent authorities in EU Member States as consistently as possible. It follows the Level 1 and Level 2 legislation.

    ESMA guidelines and Q&As

    Example: ESMA Q&A on MiFID II and MiFIR commodity derivative topics


    Pre-Trade Transparency

    Changes to the trade registration process for MiFIR pre-trade transparency requirements

    In order to ensure regulatory compliance with pre-trade transparency requirements for pre-arranged transactions (also commonly known as ‘block trades’ or ‘OTC-cleared transactions’), as laid down in Art. 8 of the Markets in Financial Instruments Regulation (MiFIR)[1], Commission Delegated Regulation 2017/583[2] and the ESMA Q&A on MiFID II and MiFIR transparency topics[3], EEX will adapt its trade registration procedures as of 1 January 2020

    The EEX solution was developed with a focus on minimizing the impact on the existing trade registration process on the member side, while at the same time meeting the regulatory requirements to provide transparency for pre-arranged transactions that can be acted upon by third parties before a trade is executed.

     

    What are the envisaged changes?

    For every pre-arranged transaction that does not benefit from a waiver (“Large In Scale” – for larger trades above specified thresholds – and “Illiquid Instruments”) or an exemption, EEX will ensure pre-trade transparency by redirecting automatically the respective trading interests of both counterparties to a new platform, where it will trigger a volume auction at the price of the pre-arranged transaction. Trading participants who intend to interact manually with the platform are able to apply for a respective access.

    Pre-Trade Tansparency Downloads
    2020-09-17 Large in Scale Parameters Documents MiFID II / MiFIR pdf (119 KB)
    2020-09-17 Archive Documents MiFID II / MiFIR zip (288 KB)
    2019-12-03 Questions & Answers Documents MiFID II / MiFIR pdf (271 KB)

    TR Transparency Platform

    More

    Position Limits

    As part of the implementation of the Markets in Financial Instruments Directive II (MiFID II), position limits for commodity derivatives were introduced on 3rd January 2018. This means that upper limits for holding derivatives whose underlying is a commodity are applicable. Neither individual undertakings nor groups of undertakings are allowed to hold positions that, in aggregate, exceed these thresholds. However, there is a possibility to take out positions from the limit calculation by making use of a hedging exemption for positions which are objectively measurable as reducing risks (see chapter “Hedging Exception” for further details).

    NEW (01 April 2021): Recent amendments to MiFIDII (MiFIDII Quick Fix) substantially reduce the scope of commodity derivatives subject to position limits. As of early 2022, position limits will only apply to agricultural commodity derivatives and ‘critical or significant’ commodity contracts, i.e. commodity derivatives contracts with a net open interest at least of 300,000 lots. However, following the supervisory approach from ESMA, already today BaFin does no longer enforce position limits on commodity derivative contracts that are neither agricultural nor ‘critical or significant’ (more information on BaFins website).

    The below position limits are still enforced by BaFin:

    Contract

    Venue

    MIFID Venue Product Code
    Future / Option

    Position limit for spot month

    Position limit for other months

    EEX German/Austrian Power Base Futures and Options

    European Energy Exchange AG (EEX)

    DEB/O2B

    41 991 030 MWh

    67 437 064 MWh

    EEX European Liquid Milk Futures

    European Energy Exchange AG (EEX)

    FALM

    2,500 lots

    2,500 lots

    EEX European Skimmed Milk Powder Futures

    European Energy Exchange AG (EEX)

    FASM

    2,500 lots

    2,500 lots

    EEX European Whey Powder Futures

    European Energy Exchange AG (EEX)

    FAWH

    2,500 lots

    2,500 lots

    EEX European Butter Futures

    European Energy Exchange AG (EEX)

    FABT

    2,500 lots

    2,500 lots

     (Updated 01 April 2021)
    Please note that “venue product code” refers to a group of products at EEX. E.g. “German Power Base Futures and Options” with venue product code DEB or O2B refer to all respective Baseload Day, Weekend, Week, Month, Quarter and Year contracts, but not Peakload contracts.

    The new supervisory set-up does not change existing position reporting obligations.

    Furthermore, emission allowances and derivatives on emission allowances are not commodity derivatives within the meaning of MiFID II, and hence are not subject to position limits. However, they are subject to position reporting.

    What are position limits for commodity derivatives?

    Under Article 57 (2) of MiFID II, position limits specify clear quantitative thresholds for the maximum size of a position in a commodity derivative held by one person or group of undertakings. This position is generally the netted position on position holder level in one commodity derivative. Position holders in this sense are the first non-investment member in the chain.

    What types of position limits are existent?

    Regulation makes a distinction between spot month and other months.

    Spot month contract means the commodity derivative contract in relation to a particular underlying commodity whose maturity is the next to expire in accordance with the rules set by the trading venue (Spot for physical delivered products = all instruments with delivery in the remaining current plus the next (full) month; Spot for financial delivered products = all instruments with delivery in the current month). The standard baseline for the spot month position limit for both physically and cash settled commodity derivatives should therefore be computed as a percentage of the deliverable supply estimate.

    The other months` position limit is applied across all maturities other than the spot month. The standard baseline for the other months' position limits for both physically and cash settled commodity derivatives should be computed as a percentage of the total open interest.

    Baseline for spot months Baseline for all other months
    25% of deliveravle supply (DS) 25% of total open interest (OI)

    NCA can adjust all baselines: Range 5%-35%

    In order to protect the development of illiquid contracts, the position limit for the spot month and for other months is set at a fixed level of 2,500 lots for commodity derivatives until they exceed 10,000 lots of open interest during at least 3 consecutive months.

    Who determines the position limits?

    Position limits of EEX are determined by BaFin as the competent authority.

     

    Hedging Exemption

    Non-financial entities may be exempt from considering the position limit for positions in commodity derivatives if these positions are objectively measurable as reducing risks directly relating to their primary commercial activity.

    Please be reminded that with the new supervisory approach an application for hedging exemption is only necessary for those products on which the position limits are still enforced by BaFin.

    A company aiming to take advantage of the exemption has to fulfill the following preconditions:

    • By BaFin approved application for hedging exemption for a certain market (“venue product code” level)

    • Flagging of the relevant positions in the daily position reporting, either by:

      • set a default hedge flag at member level (use “MiFID II/MIFIR Data Services Agreement -> Service Agreement, chapter 2.1. page 5) or
      • set a default value at account level (also via the Service Agreement, chapter 2.1. page 5) or
      • adaption of the daily position reporting

    Once an exemption has been granted and positions are approved as risk-reducing and the position is flagged as “hedge”, those positions fall outside the position limit regime and can no longer be used to offset a speculative exposure.

    How to apply for an exemption?

    Exemptions have a positive effect if the non-financial entity concerned is expected to have a trading volume in the commodity derivative that moves along the lines of the actual position limit. EEX is supporting their members to identify this situation in context of weekly monitoring process.

    • Applicants can submit their applications via email to Positionslimits-MIFID@bafin.de. Alternatively, it is also possible to make use of a specialised procedure by BaFin's reporting and publishing platform (MVP Portal). Further details about the portal are published by BaFin here: "Position limits in commodity derivatives and reporting” 
    • BaFin will approve/reject the application within 21 calendar days, the latest. In practice, this procedure often takes less time.
    • Bafin provides all necessary information for hedging exemption application on their website including the relevant form here (link).
    • Please note, applicants should file the final application in the German language. Meaning, by making use of the German language version of the application form and entering all responses in German. For information purposes, there is an English language version of the application form available. All correspondence with BaFin prior to the final application can also be held in English.

    Hints for filling the exchange (EEX) related data fields in the application form:

    Chapter B3

    • Field 1: Market -> use the naming from the EEX list (link)
    • Field 2: MiFID venue code -> use the MiFID venue code from EEX list (link)
    • Field 3: choose “XEEE” (operational MIC code)
    • Field 4: automatically filled

    Example for French Power Future (Peak) market

    Chapter B4

    (commodity classification according (EU) 2017/585 annex/table 2 – see also link in the right sidebar)

    • Field 1: base product
    • Field 2: sub product
    • Field 3: further sub product

    Example for French Power Future (Peak) market

    Reports

    RTS 2 Pre-Trade Transparency

    EEX provides the pre-trade transparency data for trading via the respective market data system of the Deutsche Börse Group. More detailed information are published here: http://www.mds.deutsche-boerse.com/mds-en/data-services/real-time-market-data/mifid-ii-disaggregated-information-products.

    Please be aware that the quotation time is displayed in UTC.
     

    RTS27 Reports (Regulatory Technical Standards)

    The MiFID II regulation aims at achieving transparency over companies’ order execution modalities through a best execution scheme. As trading venues whose asset class has been identified by ESMA’s Regulatory Technical Standards (RTS27), EEX is required to implement reporting and monitoring procedures to determine the best way to execute client orders, taking into consideration the regulation.

    Consequently, EEX will publish quarterly 5 reports including the following information for each financial instrument, each trading day and each trading venue:

    • Transaction prices (simple and volume-weighted averages, highest and lowest, best bids and best asks, etc.)
    • Transaction volumes
    • Transaction timestamps
    • Trading systems
    • Trading modes
    • Number orders or request for quotes received
    • Etc.

    The reports will be published for report table 1-4 and 6-8 on a daily, and for report table 5 on a quarterly basis on the respective websites:

    > Daily RTS 27 Report 

    > Quarterly RTS 27 Report
     

    RTS 21 Weekly Position Report

    For the purpose of the weekly reports referred to in Art 58(1)(a) of Directive 2014/65/EU and Art 83 of COMMISSION DELEGATED REGULATION (EU) 2017/565, EEX publishes weekly position reports.

     

    Contact

    Do you have any questions? Please send us an e-mail.

    mifid@eex.com

    Questions on regulatory issues?

    Deutsche Börse provides an overview on regulatory topics on a dedicated website.

    visit Deutsche Börse

    FAQ

    > MiFID / MiFIR Outline

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    Newsroom

    > MiFID II / MiFIR News

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    Key Information Dokuments

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    MiFID II Webinar

    Need more information about the implementation of MiFID II? Make sure to watch the recording of our MiFID II webinar.

    more

    MiFID II/MiFIR Data Services Description

    This  document  aims at describing the  preconditions,  steps  and knowledge for the use of the  MiFID II /MiFIR Data Services.

    download

    MiFID II/MiFIR Data Services Agreement

      Please make sure to submit.

    download

    Brexit

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    > to the EEX Brexit Website