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Preamble
Recitals 28
Chapter I - GENERAL (Article 1-6) 6
Chapter II - RECORD-KEEPING: CLIENT ORDERS AND TRANSACTIONS (Article 7-8) 2
Chapter III - TRANSACTION REPORTING (Article 9-16) 8
Chapter IV - MARKET TRANSPARENCY (Article 17-34) 18
Chapter V - ADMISSION OF FINANCIAL INSTRUMENTS TO TRADING (Article 35-37) 3
Chapter VI - DERIVATIVE FINANCIAL INSTRUMENTS (Article 38-39) 2
- Article 38 - (Article 4(1)(2) of Directive 2004/39/EC) Characteristics of other derivative financial instruments
- Article 39 - (Article 4(1)(2) of Directive 2004/39/EC) Derivatives within Section C(10) of Annex I to Directive 2004/39/EC
Chapter VII - FINAL PROVISIONS (Article 40-41) 2
Annexes 2
- Annex I
- Annex II

Article 39 - (Article 4(1)(2) of Directive 2004/39/EC) Derivatives within Section C(10) of Annex I to Directive 2004/39/EC

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Article 39

(Article 4(1)(2) of Directive 2004/39/EC) Derivatives within Section C(10) of Annex I to Directive 2004/39/EC

In addition to derivative contracts of a kind referred to in Section C(10) of Annex I to Directive 2004/39/EC, a derivative contract relating to any of the following shall fall within that Section if it meets the criteria set out in that Section and in Article 38(3):

((a))

telecommunications bandwidth;

((b))

commodity storage capacity;

((c))

transmission or transportation capacity relating to commodities, whether cable, pipeline or other means;

((d))

an allowance, credit, permit, right or similar asset which is directly linked to the supply, distribution or consumption of energy derived from renewable resources;

((e))

a geological, environmental or other physical variable;

((f))

any other asset or right of a fungible nature, other than a right to receive a service, that is capable of being transferred;

((g))

an index or measure related to the price or value of, or volume of transactions in any asset, right, service or obligation.

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