MiFID II Position Limits for Commodity Derivatives | ADVISORI
Position limits under Article 57 MiFID II cap the maximum net position in commodity derivatives, aiming to prevent market abuse and ensure orderly price formation. ADVISORI supports financial institutions and trading firms in the compliant implementation of position limit requirements — from initial assessment through ongoing position management to regulatory reporting.
- ✓Gap analysis of your current position limits compliance under Articles 57/58 MiFID II
- ✓Setup and optimisation of position monitoring and reporting systems
- ✓Assessment of ancillary activity exemption and hedging exemption eligibility
- ✓Regulatory-compliant position reporting to national competent authorities
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Position Limits for Commodity Derivatives — Regulatory Framework and Implementation
⚠
Regulatory Update
Since 2021, ESMA has narrowed enforcement to agricultural derivatives and significant contracts with at least 300,000 lots of open interest (Covid Quick-Fix Directive 2021/338). The UK is diverging with a revised framework effective 6 July 2026.
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Our advisory approach to commodity derivatives position limits combines regulatory expertise with hands-on implementation experience. We guide you through every phase — from regulatory assessment to ongoing compliance.
Our Approach:
Stocktake: Analysis of your derivatives portfolio and identification of reportable positions
Regulatory assessment: Review of ancillary activity exemption and hedging exemption applicability
System implementation: Setup of position monitoring and reporting systems
Reporting processes: Establishment of daily position reporting to competent authorities
Ongoing support: Monitoring regulatory changes and adapting compliance processes
"The strategic optimization of MiFID Position Limits compliance is fundamental for the transparency and efficiency of modern position processes. Our AI-supported position solutions enable institutions not only to achieve regulatory compliance, but also to develop strategic competitive advantages through intelligent Risk Control optimization and automated Trading Limits. By combining deep position expertise with advanced AI technologies, we create sustainable operational advantages while protecting sensitive company data and achieving optimal Compliance Surveillance performance."
Melanie Düring
Head of Risk Management
Our Services
We offer you tailored solutions for your digital transformation
Position Limits Gap Analysis and Compliance Assessment
We analyse your existing derivatives positions and verify compliance with position limits under Article 57 MiFID II.
- Identification of all reportable commodity derivative positions
- Reconciliation of current positions against regulatory limits
- Assessment of group-level aggregation requirements
- Review of exemption applicability (hedging, ancillary activity)
Position Management and Monitoring Systems
We support the implementation of systems for ongoing position monitoring and position management under MiFID II.
- Automated position monitoring for spot and forward months
- Segregation of hedge and non-hedge positions
- Intraday position monitoring for group-level aggregation
- Escalation processes when approaching position limits
Position Reporting and Regulatory Submissions
Setup and optimisation of your reporting processes for daily position reporting under Article 58 MiFID II.
- Connection to regulatory reporting platforms for position limits
- Automation of daily position and transaction reports
- Data quality checks and validation before submission
- Documentation and audit trail for regulatory examinations
Ancillary Activity Exemption and Hedging Exemption
Advisory and support for the assessment and application of regulatory exemptions from position limit requirements.
- Ancillary activity exemption assessment under Article 2(1)(j) MiFID II
- Hedging exemption for risk-reducing positions of non-financial entities
- Preparation of exemption application documentation
- Ongoing monitoring of exemption conditions
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MiFID II conduct of business rules establish the investor protection framework for investment firms across the EU. They define how firms must classify clients, provide investment advice, disclose costs and govern products — from suitability assessments through cost transparency to product governance. ADVISORI supports firms in the practical, auditable implementation of these obligations.
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Data Reporting Services Providers (DRSPs) form the backbone of financial market transparency under MiFID II and MiFIR. As APAs, CTPs or ARMs, they ensure that transaction reports under Art. 26 MiFIR are submitted to competent authorities on time and accurately. ADVISORI advises financial institutions on selecting, connecting and maintaining compliance with these services – including the new requirements from the MiFIR Review 2026.
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MiFID II establishes binding protection standards for all investor categories. We support financial institutions in implementing client categorisation, inducement rules, PRIIPs key information documents, information duties and complaints handling – practical and regulatory-compliant.
MiFID II Readiness
MiFID II and the upcoming MiFIR review present financial institutions with far-reaching compliance challenges. Our readiness assessment systematically identifies gaps across investor protection, transparency and market infrastructure – and develops a prioritised roadmap for your sustainable compliance.
MiFID II Research Unbundling: Separating Research Costs from Execution
Since 2018, MiFID II requires the separation of research costs from trade execution fees. Investment firms must pay for research through a Research Payment Account (RPA) or from their own resources. ADVISORI supports institutions in fully implementing unbundling requirements — from gap analysis through RPA setup to ongoing compliance monitoring.
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Frequently Asked Questions about MiFID II Position Limits for Commodity Derivatives | ADVISORI
What are position limits under MiFID II and who do they apply to?
Position limits under Article
57 MiFID II are quantitative caps on the maximum net position a person or corporate group may hold in commodity derivatives. They apply to all natural and legal persons trading on EU trading venues or in economically equivalent OTC contracts. The limits are set by the relevant national competent authority — in Germany by BaFin — and aim to prevent market abuse and ensure orderly price formation.
Which commodity derivatives are subject to position limits?
The regime covers options, futures, swaps and forward contracts whose underlying asset is a commodity — including agricultural products, energy, metals, climate variables and freight derivatives. Since the Covid Quick-Fix Directive (2021/338), ESMA enforcement focuses on agricultural derivatives and significant contracts with at least 300,
000 lots of open interest.
What is the ancillary activity exemption and who can apply?
The ancillary activity exemption under Article 2(1)(j) MiFID II exempts firms from MiFID II authorisation requirements where their commodity derivatives trading is ancillary to their main business. The application is submitted to the national competent authority and requires demonstrating that derivatives trading is subordinate relative to the firm's overall business activity.
How does position reporting work under Article 58 MiFID II?
Trading venue operators and investment firms must submit daily position reports for commodity derivatives and emission allowances to their national competent authority. Reports must cover the positions of members, participants and their clients, broken down by hedge and non-hedge positions.
How are position limits calculated?
Calculation is based on a baseline figure per Articles 9,
11 and
13 of Delegated Regulation (EU) 2017/591. Typically the limit is 25% of deliverable supply or open interest. A distinction is made between spot-month limits and other-months limits. National competent authorities publish indicative position limits for derivatives traded on their venues.
What is the hedging exemption and what are the requirements?
The hedging exemption allows non-financial entities to hold positions exceeding position limits where those positions demonstrably reduce risk related to their commercial activity. The application must be filed with the relevant national competent authority and requires a detailed description of the hedging relationship.
How does ADVISORI support implementation of position limit requirements?
ADVISORI guides financial institutions and trading firms through the full implementation of MiFID II position limits: from gap analysis through system implementation to ongoing reporting. Our consultants have experience working with regulatory authorities and support exemption assessments, position monitoring system setup, and establishment of sustainable compliance processes.
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