Article 45 › 1

In accordance with Article 9(5) of Regulation (EU) No 1095/2010, ESMA shall, where both conditions in paragraph 2 are satisfied, take one or more of the following measures: (a) request from any person all relevant information regarding the size and purpose of a position or exposure entered into via a derivative; (b) after analysing the information obtained in accordance with point (a), require any such person to reduce the size of or to eliminate the position or exposure in accordance with the delegated act referred to in paragraph 10(b); (c) as a last resort, limit the ability of a person from entering into a commodity derivative.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04