F1SCHEDULE 2Financial Instruments and Investment services and activities
F2PART 2Articles 5 to 8, 10 and 11 of the Commission Regulation
Article 8Derivatives under F3paragraph 10 of Part 1 of Schedule 2
In addition to derivative contracts expressly referred to in F4paragraph 10 of Part 1 of Schedule 2 to this Order, a derivative contract shall be subject to the provisions in F5that Part where it meets the criteria set out in F5that Part and in Article 7(3) of this Regulation and it relates to any of the following:
(a)
telecommunications bandwidth;
(b)
commodity storage capacity;
(c)
transmission or transportation capacity relating to commodities, whether cable, pipeline or other means with the exception of transmission rights related to electricity transmission cross zonal capacities when they are, on the primary market, entered into with or by a transmission system operator or any persons acting as service providers on their behalf and in order to allocate the transmission capacity;
(d)
an allowance, credit, permit, right or similar asset which is directly linked to the supply, distribution or consumption of energy derived from renewable resources, except if the contract is already with the scope of F6paragraph 4 of Part 1 of Schedule 2 to this Order;
(e)
a geological, environmental or other physical variable, except if the contract is relating to any F7emission allowances referred to in paragraph 11 of Part 1 of Schedule 2 to this Order;
(f)
any other asset or right of a fungible nature, other than a right to receive a service, that is capable of being transferred;
(g)
an index or measure related to the price or value of, or volume of transactions in any asset, right, service or obligation;
(h)
an index or measure based on actuarial statistics.