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You must have a taste for multi-dimensional chess if you want to understand what is required in the world of [[commodities]], freight, weather derivatives and [[emission allowances]]. To wit: | You must have a taste for multi-dimensional chess if you want to understand what is required in the world of [[commodities]], freight, weather derivatives and [[emission allowances]]. To wit: | ||
*'''Actual [[emission allowances]]''', resembling as they do abstract financial instruments | Section C of Annex I to [[MiFID]] includes the following emissions and commodity products as within the scope for [[Financial instrument|financial instruments]]: | ||
{{quote|{{MIFID commodity financial instruments}} }} | |||
===In scope=== | |||
*'''Actual [[emission allowances]]''', resembling as they do abstract [[Financial instrument|financial instruments]] — and actually listed as such in Section C of Annex III of MiFID 2 (see point 11! they just snuck in there!) are ''in'' scope. | |||
*'''[[Emission allowances derivatives]]''', whether physically- or cash-settled, are ''in'' scope. | *'''[[Emission allowances derivatives]]''', whether physically- or cash-settled, are ''in'' scope. | ||
*'''[[Cash-settled]] [[commodity derivatives]]''' — including ones where either party has an option to cash-settle — are in scope. | *'''[[Cash-settled]] [[commodity derivatives]]''' — including ones where either party has an option to cash-settle — are in scope. | ||
*'''[[ | *'''[[Weather derivatives]], freight, inflation and economic indicator derivatives''' that can be [[cash-settled]] (it would be kind of fun having [[physically-settled]] weather derivatives wouldn’t it) are ''in'' scope. | ||
*[[Physically-settled]] [[commodity derivatives]] which would otherwise be out of scope, if not used “for commercial purposes” and having “the characteristics of [[derivative]] [[financial instruments]]” are ''in'' scope. | |||
*'''[[ | ==={{strike|Out of...|''In''}} scope=== | ||
*'''[[Physically-settled]] [[commodity derivatives]]''' which (per below) would otherwise be out of scope, if not used “for commercial purposes” and having “the characteristics of [[derivative]] [[financial instruments]]” are ''in'' scope. That one had you going didn’t it! | |||
===''Really'' out of scope=== | |||
*'''Actual [[commodities]]''', being consumable, perishable, paint ’em yellow ’n’ pass ’em off as copper, real-world things that people actually need to live, are ''out'' of scope. | |||
*'''[[Physically-settled]] [[commodity derivatives]]''' (not falling into the no-man’s land bucket above) are ''out'' of scope ... | |||
:... ''unless'' they are traded on an EU [[trading venue]], (i.e, [[OTC]] [[physically-settled]] [[commodity derivatives]]) in which case they are ''in'' scope ... | |||
:: ... unless they are “wholesale energy products traded on an OTF that must be physically settled” — which case they are ''out'' of scope again. I DON’T MAKE THE RULES FOLKS. |