Question ID
2024_7255
Legal act
Regulation (EU) No 575/2013 (CRR)
Topic
Other issues
Article
Annex II
Paragraph
3
COM Delegated or Implementing Acts/RTS/ITS/GLs/Recommendations
Not applicable
Article/Paragraph
-
Name of institution / submitter
Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin)
Country of incorporation / residence
Deutschland
Type of submitter
Competent authority
Subject matter
emission allowances
Question

Sentence 2 of paragraph 3 of Annex II CRR refers to point (11) of Section C of Annex I MiFID, i.e. to emission allowances. Does that mean that spot market emission allowances are to be treated as derivative contracts listed in Annex II, even though they are not derivative in character?

Background on the question

We are reviewing the calculation of KCCP by one of our supervised CCPs. The method of calculation is determined by Art 50b EMIR. Art 50b (a) (ii) EMIR refers to points (a) of Article 301(1) CRR, which in turn refers to derivative contracts listed in Annex II.

Submission date
Status
Question under review
Answer prepared by
Answer prepared by the European Commission because it is a matter of interpretation of Union law.