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Recital 9

Recital 9

(9)Pursuant to Article 32a(1), point (b), of Regulation (EU) No 600/2014, the competent authority is to demonstrate that a financial counterparty within its jurisdiction regularly acts as a market maker in a credit default swap subject to the derivative trading obligation. The AMF presented written evidence confirming that the requesting financial counterparty is a member of certain EU MTFs and of certain US SEFs recognised as equivalent under Article 28 of Regulation (EU) No 600/2014, and that it responds to clients’ RFQs for derivatives subject to the derivative trading obligation, including credit default swaps. The AMF also provided data on the trading activity of the requesting financial counterparty on certain EU MTFs and on certain US SEFs recognised as equivalent under Article 28 of Regulation (EU) No 600/2014, indicating that, in the years 2021 to 2024, it regularly received RFQs for credit default swaps subject to the derivative trading obligation and regularly executed transactions against its proprietary capital in those instruments on the basis of the quotes that it provided in response to clients’ RFQs. After having reviewed the evidence submitted by the AMF, the Commission concluded that the AMF demonstrated that the requesting financial counterparty within its jurisdiction holds itself out on the financial markets on a continuous basis as being willing to deal on own account by buying and selling credit default swaps subject to the derivative trading obligation against its proprietary capital at prices defined by that counterparty and that, therefore, it regularly acts as a market maker in a credit default swap subject to the derivative trading obligation.

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