AI Summary of Article 11a Deferred publication in respect of derivatives
Market operators and investment firms operating trading venues may defer publication of transaction details, including price and volume, for exchange‑traded derivatives and certain OTC derivatives. They must clearly disclose deferral arrangements; ESMA will monitor their application and report to the Commission every two years. Deferred publication is organised into five categories: category 1 medium size in liquid markets; category 2 medium size in illiquid markets; category 3 large size in liquid markets; category 4 large size in illiquid markets; and category 5 very large size. Individual transaction details must be published when the deferral period lapses.
The competent authority may temporarily suspend publication obligations where liquidity falls below an objective threshold, with publication and notification to ESMA; ESMA will publish such suspensions. In emergencies ESMA may extend maximum deferral durations after consulting competent authorities. Suspensions and extensions are valid for up to three months and may be renewed; authorities must notify ESMA and ESMA will issue an opinion. ESMA must develop draft regulatory technical standards, consulting the expert stakeholder group, to specify publication details, timing, liquidity and size definitions, and price and volume deferrals, to be submitted to the Commission by 29 September 2025 and reviewed regularly.
Article 11a Deferred publication in respect of derivatives
1.Market operators and investment firms operating a trading venue may defer the publication of the details of transactions executed in respect of exchange-traded derivatives and in respect of OTC derivatives as referred to in Article 8a(2), including the price and the volume, in accordance with this Article.
Market operators and investment firms operating a trading venue shall clearly disclose the arrangements for deferred publication to market participants and the public. ESMA shall monitor the application of those arrangements and shall, every two years, submit a report to the Commission on how they are used in practice.
The arrangements for deferred publication in respect of exchange-traded derivatives or of OTC derivatives as referred to in Article 8a(2), or classes thereof, shall be organised by using five categories:
(a) category 1: transactions of a medium size in a financial instrument for which there is a liquid market;
(b) category 2: transactions of a medium size in a financial instrument for which there is not a liquid market;