ESMA_QA_1545
04/10/2017
Subject Matter
Position management controls
Original question
Are position management controls required to play a role in the application of position limits applied by NCAs according to Article 57(1) MiFID II?
ESMA Answer
04-10-2017
Original language
[ESMA 70-872942901-36 Commodity derivatives Q&A, Q&A 5.1]
No. NCAs are responsible for the application of position limits established under Article 57(1). Recital (128) MiFID further specifies that the powers to require the reduction or termination of a position or to provide back liquidity should “mitigate the effects of a large or dominant position”.
However, the controls listed in Article 57(8) are not exhaustive and shall not prevent trading venues from developing their own position limits as a mean to control positions held on commodity derivatives traded on their trading venues.
Status: Answer Published
Additional Information
Level 1 Regulation
Markets in Financial Instruments Directive II (MiFID II) Directive 2014/65/EU- Secondary Markets
Topic
Position management controls