2.
For the purpose of this Directive, commodity-based contracts that give either contracting party the right to settle in cash or some other financial instrument shall be considered to be derivative financial instruments, except where such contracts: were entered into and continue to meet the undertaking's expected purchase, sale or usage requirements at the time they were entered into and subsequently; were designated as commodity-based contracts at their inception; and are expected to be settled by delivery of the commodity.
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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.