Skip to the text
In this act Article 8 of 22
No longer in force since 15 August 2022Below: the last text in force, valid until 15 August 2022. It is not current law.

Article 8 — Application for the exemption from position limits (Article 57(1) of Directive 2014/65/EU)

Financial servicesLevel 2RTSMiFID IINo longer in forceOfficial source

8(1)

1.A non-financial entity holding a qualifying position in a commodity derivative shall apply for the exemption referred to in the second subparagraph of paragraph 1 of Article 57 of Directive 2014/65/EU to the competent authority which sets the position limit for that commodity derivative.

Copy link
8(2)

2.The person referred to in paragraph 1 shall submit to the competent authority the following information which demonstrates how the position reduces risks directly relating to the non-financial entity's commercial activity:

Copy link
8(2)(a)
a)a description of the nature and value of the non-financial entity's commercial activities in the commodity to which the commodity derivative for which an exemption is sought is relevant;
Copy link
8(2)(b)
b)a description of the nature and value of the non-financial entity's activities in the trading of and positions held in the relevant commodity derivatives traded on trading venues and in their economically equivalent OTC contracts;
Copy link
8(2)(c)
c)a description of the nature and size of the exposures and risks in the commodity which the non-financial entity has or expects to have as a result of its commercial activities and which are or would be mitigated by the use of commodity derivatives;
Copy link
8(2)(d)
d)an explanation of how the non-financial entity's use of commodity derivatives directly reduces its exposure and risks in its commercial activities.\
Copy link
8(3)

3.The competent authority shall approve or reject the application within 21 calendar days after it has received the application and shall notify the non-financial entity of its approval or rejection of the exemption.

Copy link
8(4)

4.The non-financial entity shall notify the competent authority if there is a significant change to the nature or value of the non-financial entity's commercial activities or its trading activities in commodity derivatives and the change is relevant to the information set out in point (b) of paragraph 2 and shall submit a new application for the exemption if it intends to continue to use it.

Copy link

CHAPTER III — METHODOLOGY FOR COMPETENT AUTHORITIES TO CALCULATE POSITION LIMITS

SECTION 1 — Determination of baseline figures