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In this act Article 9 of 23
Text as of 8 Feb 2026 · Consolidated version of 8 February 2026 · Same wording as today’s text.Today’s text

Article 9 — Application for the exemption from position limits for mandatory liquidity provision

Financial servicesLevel 2RTSMiFID IIIn forceOfficial source

9(1)

1.A person holding a qualifying position in an agricultural commodity derivative or a critical or significant commodity derivative shall apply for the exemption referred to in Article 57(1), second subparagraph, point (c), of Directive 2014/65/EU to the competent authority which sets the position limit for that commodity derivative.

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9(2)

2.The person referred to in paragraph 1 shall submit to the competent authority the following information which demonstrates how the positions result from transactions entered into to fulfil obligations to provide liquidity in that commodity derivative on a trading venue as referred to in Article 2(4), fourth subparagraph, point (c), of Directive 2014/65/EU.

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9(2)(a)
(a)the list of commodity derivatives in which that person provides liquidity on a trading venue in accordance with points (b) and (c) of this paragraph;
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9(2)(b)
(b)the provisions under which that person is required by a regulatory authority to provide liquidity in a commodity derivative on a trading venue or the written agreement signed with the trading venue setting out the liquidity provision obligations to be met by the person on the trading venue per commodity derivative;
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9(2)(c)
(c)a description of the nature and value of the person’s mandatory liquidity provision activities in the relevant commodity derivative and of the expected resulting positions thereof;
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9(2)(d)
(d)any position limit that may have been set in its internal policy per commodity derivative for such mandatory liquidity provision.
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9(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 person of its approval or rejection of the exemption.

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9(4)

4.The person shall notify the competent authority if there is a significant change to the nature or value of the person’s trading activities in commodity derivatives and the change is relevant to the information set out in paragraph 2, and shall submit a new application for the exemption if it wishes to continue to use it.

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