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Erscheinung:07.03.2017 | Reference number GZ: WA 27-Wp 2001-2017/0010 | Topic Insider monitoring On the applicability of the ESMA Guidelines on information relating to commodity derivatives markets or related spot markets for the purpose of the definition of inside information on commodity derivatives

Message from BaFin about the application of the ESMA "Guidelines on information relating to commodity derivatives markets or related spot markets for the purpose of the definition of inside information on commodity derivatives".

On 17 January 2017, the European Securities and Markets Authority (ESMA) published the German translation of its MAR Guidelines on information relating to commodity derivatives markets or related spot markets for the purpose of the definition of inside information on commodity derivatives on its website.

Pursuant to Article 7(5) of MAR, these provide a non-exhaustive indicative list of information which is reasonably expected or is required to be disclosed in accordance with legal or regulatory provisions in Union or national law, market rules, contract, practice or custom, on the relevant commodity derivatives markets or spot markets as referred to in Article 7(1)(b) of MAR.

BaFin has informed ESMA that it will comply with these guidelines. From now on, BaFin will therefore draw on these guidelines as part of its administrative practice in order to ascertain the requirements of Article 7(1)(b) of MAR.

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