In this act Article 16 of 92
Article 16 — Systematic internalisers for emission allowances (Article 4(1)(20) of Directive 2014/65/EU)
Financial servicesLevel 2Delegated RegulationMiFID IIIn forceOfficial source
An investment firm shall be considered to be a systematic internaliser in accordance with Article 4(1)(20) of Directive 2014/65/EU in respect of emission allowances where, in relation to any such instrument, it internalises according to the following criteria:
16(a)
(a)on a frequent and systematic basis in an emission allowance for which there is a liquid market as defined in Article 2(1)(17)(a) of Regulation (EU) No 600/2014 where during the past 6 months:
Copy link16(a)(i)
(i)the number of OTC transactions carried out by it on own account when executing client orders is equal to or larger than 4 % of the total number of transactions in the relevant type of emission allowances executed in the Union on any trading venue or OTC during the same period;
Copy link16(a)(ii)
(ii)the OTC transactions carried out by it on own account when executing client orders in this type of emission allowances take place on average once a week;
Copy link16(b)
(b)on a frequent and systematic basis in an emission allowance for which there is not a liquid market as defined in Article 2(1)(17)(a) of Regulation (EU) No 600/2014 where during the past 6 months the OTC transactions carried out by it on own account in the relevant type of emission allowances when executing client orders takes place on average once a week;
Copy link16(c)
(c)on a substantial basis in an emission allowance where the size of OTC trading carried out by it on own account when executing client orders is, during the past 6 months, equal to or larger than any of the following:
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