ESMA_QA_1517

Status: ✅ Answer Published

Link to ESMA Q&A tool: https://www.esma.europa.eu/publications-data/questions-answers/1517

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Regulatory Context

Regulation : MIF2

Level 1 Regulation: Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Secondary Markets

Level 2 Regulation: No information available

Level 3 Regulation: No information available

Topic: Position limits

Subject Matter: Non-EU entities above position limits

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Question

Submission Date: 19 December 2016

How should non-EU entities with positions above the limits be treated? Do they have access to exemptions, and if so, when and how do they apply to the relevant NCA?

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ESMA Answer

Answer Date: 19-12-2016

[ESMA 70-872942901-36 Commodity derivatives Q&A, Q&A 2.5] A non-financial entity from outside the EU (European Union) may apply for an exemption in the same manner as an EU firm would. The rules and procedures are laid down in RTS 21a.

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This document was automatically extracted from the ESMA EMIR Q&A database.