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Article 58 — Position reporting by categories of position holders — compare

Showing 9 of 9Release 2 Nov 2026Details
Coverage
MiFID II: every English consolidation from 23 Mar 2023. Older wording is not held and is not replaced by any other text. Not covered: national guidance, court decisions.
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Release c89ff15e published 2 Nov 2026, 05:02 CET. This article checked word for word against EUR-Lex on 26 Oct 2026.
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Showing 9 of 9
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None.
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From
23 March 2023 · Consolidated version of 23 March 2023 · Checked against EUR-Lex on 26 Oct 2026 · Official source
To
2 November 2026 · Consolidated version of 28 March 2024 · Checked against EUR-Lex on 26 Oct 2026 · Official source
58(1)

1.Member States shall ensure that an investment firm or a market operator operating a trading venue which trades in commodity derivatives or emission allowances or derivatives thereofin derivatives of emission allowances:

58(1)(a)
(a)make public a weekly report with the aggregate positions held by the different categories of persons for the different commodity derivatives or emission allowances or derivatives thereof traded on their trading venue, specifying the number of long and short positions by such categories, changes thereto since the previous report, the percentage of the total open interest represented by each category and the number of persons holding a position in each category in accordance with paragraph 4 and communicate that report to the competent authority and to ESMA; ESMA shall proceed to a centralised publication of the information included in those reports;:
58(1)(a)(i)
(i)for trading venues where options are traded, two weekly reports, one of which is to exclude options, with the aggregate positions held by the different categories of persons for the different commodity derivatives or derivatives of emission allowances traded on their trading venue, specifying the number of long and short positions by such categories, changes thereto since the previous report, the percentage of the total open interest represented by each category, and the number of persons holding a position in each category in accordance with paragraph 4;
58(1)(a)(ii)
(ii)for trading venues where options are not traded, a weekly report on the elements set out in point (i);

Member States shall ensure that an investment firm or a market operator operating a trading venue which trades in commodity derivatives or in derivatives of emission allowances communicates the reports referred to in point (a) of the first subparagraph to the competent authority and to ESMA. ESMA shall proceed with a centralised publication of the information included in those reports.

58(2)

2.Member States shall ensure that investment firms trading in commodity derivatives or emission allowances or derivatives thereofin derivatives of emission allowances outside a trading venue provide, on at least a daily basis, the central competent authority referred to in Article 57(6) or – where there is no central competent authority – the competent authority of the trading venue where the commodity derivatives or emission allowances or derivatives thereofthe derivatives of emission allowances are traded, with a complete breakdown of their positions taken in economically equivalent OTC contracts and, when relevant, in commodity derivatives or emission allowances or derivatives thereof traded on a trading venue, as well as of those of their clients and the clients of those clients until the end client is reached, in accordance with Article 26 of Regulation (EU) No 600/2014 and, where applicable, of Article 8 of Regulation (EU)  No 1227/2011.

58(4)

4.Persons holding positions in a commodity derivative or emission allowance orin a derivative thereofof emission allowance shall be classified by the investment firm or market operator operating that trading venue according to the nature of their main business, taking account of any applicable authorisation, as either:

58(4)(e)
(e)in the case of emission allowances or derivatives thereofderivatives of emission allowances, operators with compliance obligations under Directive  2003/87/EC.

In the case of emission allowances or derivatives thereofderivatives of emission allowances, the reporting shall not prejudice the compliance obligations under Directive  2003/87/EC.

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