Q&A · ESMA
Legal qualification of Financial Transmission Rights under MiFID II
Financial Transmission Rights are C(10) financial instruments when traded on the secondary market, including off venue, so MiFID II applies to secondary trading platforms for them; FTRs in the primary market entered into with or by a transmission system operator are excluded.
Details
| Reference | ESMA_QA_2436 |
|---|---|
| Issuer | ESMA |
| Published | 26 May 2026 |
| Answered | 26 May 2026 |
| Submitted | 12 Feb 2025 |
| ESMA topics | Non-equity transparency |
Provisions it relates to
- Article 2 MiFID II · ExemptionsESMA rulebook
- Annex I MiFID II · LISTS OF SERVICES AND ACTIVITIES AND FINANCIAL INSTRUMENTSExplicit reference · 90%
- MiFID II (whole act)Explicit reference
Documents it refers to
- Delegated actIn forceExplicit reference
AI summaryThe main MiFID II Delegated Regulation: defines key terms (such as investment advice, systematic internaliser, algorithmic and high-frequency trading, and direct electronic access) and sets detailed organisational requirements and operating conditions for investment firms, including compliance, conflicts of interest, remuneration, client information, suitability and appropriateness, best execution, client order handling, reporting to clients, record keeping and transaction-level obligations.