Recital 38

Regulation (EU) 2024/791 of the European Parliament and of the Council of 28 February 2024 amending Regulation (EU) No 600/2014 as regards enhancing data transparency, removing obstacles to the emergence of consolidated tapes, optimising the trading obligations and prohibiting receiving payment for order flow (Text with EEA relevance) · European Union

(38) Provisions concerning non-discriminatory access for exchange-traded derivatives might reduce the attractiveness of investing in new products as competitors might be able to get access without the upfront investment. The application of the non-discriminatory access regime for exchange-traded derivatives, laid down in Articles 35 and 36 of Regulation (EU) No 600/2014, might thus limit investment in such products by removing incentives for regulated markets to create new exchange-traded derivatives. It should therefore be laid down that that regime is not to apply to the central counterparty (CCP) or trading venue concerned in respect of exchange-traded derivatives, thus fostering innovation and the development of exchange-traded derivatives in the Union.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-13 · Text as adopted (Official Journal); later amendments are not incorporated in this text.