Legal Alert


Positions in an OTC contract which is economically equivalent to more than one exchange-traded derivative (ETD) contract traded on the EU trading venue are to be reported to any of the National Competent Authorities (NCAs) of the trading venues where the ETD contract is traded (ESMA’s clarification of 28 March 2018).


The inherent condition is that those ETD contracts do not qualify as the same derivative contract in accordance with Article 5(1) of RTS 21.