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Post trade transparency and position limits
The Treasury’s approach to the onshoring of EU legislation into UK law means that UK and EU trading venues will operate to the same set of standards on day 1 after the UK leaves the European Union.
Consequently, if the UK leaves the EU without an implementation period we will not require UK investment firms to make public, through a UK Approved Publication Arrangement (APA), transactions conducted on EU trading venues in instruments which are also traded on a trading venue in the UK.
In addition, commodity derivative contracts traded on EU trading venues should not be considered as economically equivalent OTC contracts and so will not count towards the UK position limit regime.
Post-trade transparency for OTC transactions between UK investment firms and EU counterparties
Under the temporary transitional power, UK investment firms that did not have a reporting obligation for a transaction conducted with an EU27 investment firm before Brexit will not be required to report these transactions to a UK APA for a period of 15 months after Brexit.
EU27 investment firms with a branch in the UK that has entered the UK temporary permissions regime may fulfil their UK trade reporting obligations by continuing to make transactions public through an EU APA, where they are obliged to do so.
Trading obligation for derivatives
Our approach to the trading obligation for derivatives is set out in the onshored MIFID and the associated binding technical standards (BTS). This means that investment firms will need to conclude transactions in certain derivatives only on regulated markets, multilateral trading facilities or organised trading facilities established in the UK or on third-country venues in jurisdictions for which the UK has adopted an equivalence decision.