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AI Summary of Article 9 Waivers for bonds, structured finance products, emission allowances, derivatives and package orders

This document outlines the powers of competent authorities to waive certain pre-trade disclosure obligations for market operators and investment firms. Waivers can be granted for large orders, OTC derivatives lacking liquid markets, and specific package orders. Authorities must notify ESMA prior to granting waivers and provide justification on their functioning, with a review process in place to ensure compliance with the original intent.

Additionally, competent authorities may temporarily suspend obligations if liquidity falls below set thresholds, subject to ESMA's oversight. ESMA is tasked with developing regulatory technical standards to ensure consistent application of these provisions across financial instruments.

Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 28 March 2024 - onwards
Version 5 of 5

Article 9 Waivers for bonds, structured finance products, emission allowances, derivatives and package orders

1. Competent authorities shall be able to waive the obligation for market operators and investment firms operating a trading venue to make public the information referred to in Article 8(1), Article 8a(1) and (2) and Article 8b(1) for:

(a) orders that are large in scale compared with normal market size and orders held in an order management facility of the trading venue pending disclosure;

(b) [deleted]

(c) OTC derivatives which are not subject to the trading obligation as referred to in Article 28 and for which there is not a liquid market, and other financial instruments for which there is not a liquid market;

(d) orders for the purpose of executing an exchange for physical;

(e) package orders that meet one of the following conditions: