‘The Impact of Financial Services Regulation on European Wholesale Energy Markets – A Post-MiFID II Analysis’

Brussels, 10 September 2020 | Europex launches today its new report: ‘The Impact of Financial Services Regulation on European Wholesale Energy Markets – A Post-MiFID II Analysis’, a collaboration between Europex and Norton Rose Fulbright LLP. Since the introduction of MiFID II / MiFIR in January 2018, the relationship between energy markets and financial services regulation has fundamentally changed. The main lesson from the last two and a half years of experience is that the broad brush of financial services regulation sometimes fails to reflect the specific nature of energy commodity markets. Against this backdrop, the report analyses the effects of
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Categories: Press Releases.

Statement on the Electricity Bidding Zone Review (BZR) Methodology

Brussels, 25 August 2020 | Following referral on 7 July 2020 by all NRAs, ACER became competent to decide on the Bidding Zone Review (BZR) methodology i.e. the Proposal for the methodology and assumptions that are to be used in the bidding zone review process and for the alternative bidding zone configurations, pursuant to Article 14(5) of Regulation (EU) 2019/943 (BZR proposal). We welcome the fact that ACER are now assessing and deciding on key aspects of the proposed methodology, and fully support efforts to ensure a meaningful and effective review. The announcement that ACER will consider stakeholder feedback to
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Categories: Position Papers.

Europex response to Commission consultation on the review of the MiFID II/MiFIR regulatory framework

Brussels, 18 May 2020 | Europex fully supports the underlying policy objectives of MiFID II / MiFIR and the G-20 Pittsburgh commitments to “improve the functioning and transparency of financial and commodity markets and address excessive commodity price volatility”. However, more than two years after the MiFID II / MiFIR framework started to apply, we believe that these objectives have not yet fully materialised as far as commodity derivatives markets are concerned, notwithstanding the heavy burden already imposed on the industry. This concerns in particular the MiFID II position limits and position management regime as well as the MiFIR pre-trade
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Categories: Consultation Responses.

MiFIR Pre-Trade Transparency: Call for a Methodology for the Conversion of LIS Notional Values to Lots

Brussels, 15 July 2019 | Europex and its members are committed to working with ESMA and the NCAs to ensure that markets continue to become more transparent in line with the policy objectives of MiFID II/MiFIR. In this context, we take note of the recently published “ESMA Supervisory Briefing on compliance with MiFIR pre-trade transparency requirements in commodity derivatives” and welcome ESMA’s commitment to review the currently inappropriately calibrated pre-trade transparency regime. As stated at earlier occasions, the enforcement of full compliance should be postponed until after the review of RTS 2 as otherwise irreparable damages would be caused to
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Categories: Position Papers.

Europex response to the BMF consultation on MiFID II experiences

Brussels, 15 March 2019 | Europex, the Association of European Energy Exchanges, welcomes the opportunity to contribute to the present consultation on MiFID II / MiFIR experiences1. In the following, we would like to share our concerns on three main aspects: 1) pre-trade transparency requirements for commodity derivatives, 2) position limits for commodity derivatives and 3) the scope of the hedging exemption in relation to the previous two points. 1) Pre-trade transparency requirements for commodity derivatives (MiFIR, Arts. 8 & 9) Europex members have long argued that the MiFIR pre-trade transparency regime in its present form is not fit for purpose
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Categories: Consultation Responses.

Common energy sector statement – Keeping EU energy and emissions markets protected from VAT fraud beyond 2018

Urgent need to confirm the extension of the derogation for a domestic reverse charge mechanism for electricity, gas and emission allowances in Art. 199a of the VAT Directive Brussels, 4 September 2018 | Missing Trader Intra-Community Value Added Tax fraud remains a persistent threat to the integrity and well-functioning of electricity, gas and emission allowance markets in Europe. Billions of euros had been defrauded from European Exchequers before the Council of the EU decided on the introduction of a derogation from the VAT Directive for electricity, gas and emission allowance transactions. The derogation enables Member States to apply the Domestic
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Categories: Position Papers.

MiFIR pre-trade transparency regime: making it work for commodity derivatives – recommendations

Brussels, 25 June 2018 | The purpose of this paper is to provide ESMA and National Competent Authorities with specific recommendations in support of their work with regard to amending certain parts of Regulation 2017/583 (‘RTS 2’)1, relating to the MiFIR pre-trade transparency regime for non- equity products. Europex members have long argued that, in its present form, the regime is not fit for purpose and cannot be applied to trade registration facilities in energy derivatives markets. Should these pre- arranged trades be no longer reported to regulated markets for clearing purposes, this would compromise their vital role in supporting
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Categories: Position Papers.

The MiFIR pre-trade transparency regime: making it work for commodity derivatives

Brussels, 25 April 2018 |The purpose of the present paper is to provide ESMA and all interested National Competent Authorities (NCAs) with detailed information in support of their work in amending specific aspects of ‘RTS 2’ in relation to the MiFIR pre-trade transparency regime for non-equity instruments. Europex members have long argued that the MiFIR pre-trade transparency regime does not apply to trade registration. We consider that the regime in its present form is not fit for purpose and cannot be applied to trade registration facilities in energy derivatives markets without compromising their vital role in supporting the hedging activity
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Categories: Position Papers.

Europex supports EMIR Refit but calls for deletion of Amendment 4 in line with the overall intention to simplify and streamline

Brussels, 19 March 2018 |Europex strongly supports the EMIR Refit process and welcomes the ECON draft report as well as the intended simplification of reporting obligations and improvement of data quality. We especially value the aim to achieve a reduction of costs for market participants and to extend the possibilities of choice for clearing members. However, we are highly concerned about Amendment 4 as tabled on 26 January 2018 in the Langen draft report. We fear that the amendment, which states that: ‘The CCP should report to the TR specified by the counterparty. Clearing members and their clients should be
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Categories: Position Papers.