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The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017, Section 29 is up to date with all changes known to be in force on or before 21 October 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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29.—(1) In this Part an over the counter contract is economically equivalent to a commodity derivative if it satisfies the criteria set out in regulatory technical standards referred to in sub-paragraph (c) of Article 57.12 (position limits and position management controls in commodity derivatives) of the markets in financial instruments directive and adopted by the Commission under the last paragraph of that Article.
(2) In this Part—
“EEA position limit” means a position limit established by a competent authority of an EEA State other than the United Kingdom for the purposes of Article 57 of the markets in financial instruments directive;
“the ESMA methodology” means the methodology determined by ESMA under Article 57.3 of the markets in financial instruments directive;
“position” means a net position in a commodity derivative traded on a trading venue in an EEA State and any economically equivalent over the counter contract that has been calculated in accordance with the methodology determined by regulatory technical standards referred to in sub-paragraph (e) of Article 57.12 of the markets in financial instruments directive and adopted by the Commission under the last paragraph of that Article;
“position limit” means a limit on the maximum size of a position which a person may hold at any time; and
“trading venue” has the meaning given in regulation 2 but also includes a facility mentioned in—
paragraph (b) of the definition of “multilateral trading facility” in article 3(1) of the Financial Services and Markets Act 2000 (Regulated Activities) Order 2001 M1; or
paragraph (b) of the definition of “organised trading facility” in that article.
Marginal Citations
M1S.I. 2001/544; article 3(1) was amended by S.I. 2006/3384, there are other amendments but none is relevant.
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