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EU Parl Watch

Changes between two versions

What changed between the plenary report and the adopted text

From · plenary report· 2 Mar 2023

A-9-2023-0039

on the proposal for a directive of the European Parliament and of the Council amending Directive 2014/65/EU on markets in financial instruments

To · adopted text· 16 Jan 2024

TA-9-2024-0003

Amendments to the Markets in Financial Instruments Directive (MiFID II)

These two texts have too little in common to compare paragraph by paragraph: they are different documents rather than versions of one (for example one group’s motion and the joint text that was adopted).

+8 added · −123 removed · 1 changed paragraphs, packaging included.

Part 3 of 3: Paragraphs 121–143

Removed:(c) the appropriateness of the limitation of the scope of position limits to agricultural commodity derivatives and critical or significant commodity derivatives that are traded on trading venues, and to economically equivalent OTC contracts, as set out in Article 57.

Removed:The report shall notably rely on the data provided competent authorities to ESMA in accordance with paragraphs 5 and 10 of this Article.

Removed:Based on the report produced by ESMA and an impact assessment, the Commission shall, if appropriate, submit to the European Parliament and the Council a legislative proposal concerning targeted changes on position limit and position management controls regimes.’;

Removed:7c. in Article 58, paragraph 1 is amended as follows:

Removed:(a) in the first subparagraph, point (a) is replaced by the following:

Removed:‘(a) make public two weekly reports, of which one excluding options, with the aggregate positions held by the different categories of persons for the different commodity derivatives or emission allowances or derivatives thereof traded on their trading venue, specifying the number of long and short positions by such categories, changes thereto since the previous report, the percentage of the total open interest represented by each category, the total trading volume per day, expressed as the number of derivatives contracts bought or sold in a given trading day, for each category, and the number of persons holding a position in each category in accordance with paragraph 4;’;

Removed:(b) the following subparagraph is inserted after the first subparagraph:

Removed:‘Member States shall ensure that an investment firm or a market operator operating a trading venue which trades commodity derivatives or emission allowances or derivatives communicates the reports referred to in point (a) of the first subparagraph to the competent authority and to ESMA. ESMA shall proceed to a centralised publication of the information included in those reports.’;

Removed:8. in Article 70(3), point (a), point (xxx) is deleted;

Removed:9. in Article 70(3), point (b), the following points (iia), (xvia), (xvib), (xvic) and (xxviia) are inserted:

Removed:‘(iia) Article 5;’;

Removed:‘(xvia) Article 22a;’;

Removed:‘(xvib) Article 22b;’;

Removed:‘(xvic) Article 22c ;’ ;

Removed:‘(xxviia) Article 39a ;’.

Removed:1. Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by [OP please insert the date = 12 months after the date of entry into force of the CTP Regulation] at the latest.

Removed:When Member States adopt those provisions, they shall contain a reference to this Directive or be accompanied by such a reference on the occasion of their official publication. Member States shall determine how such reference is to be made.

Removed:2. Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Removed:This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Removed:This Directive is addressed to the Member States.

Removed:Done at Brussels,

Removed:For the European Parliament For the Council

Removed:The President The President