1.This Regulation applies to the following:
(a)financial instruments admitted to trading on a [F1UK regulated market, Gibraltar regulated market or an EU regulated market] or for which a request for admission to trading on a [F1UK regulated market, Gibraltar regulated market or an EU regulated market] has been made;
(b)financial instruments traded on [F2a UK MTF, Gibraltar MTF or an EU MTF], admitted to trading on [F2a UK MTF, Gibraltar MTF or an EU MTF] or for which a request for admission to trading on [F2a UK MTF, Gibraltar MTF or an EU MTF] has been made;
(c)financial instruments traded on [F3a UK OTF, Gibraltar OTF or an EU OTF];
(d)financial instruments not covered by point (a), (b) or (c), the price or value of which depends on or has an effect on the price or value of a financial instrument referred to in those points, including, but not limited to, credit default swaps and contracts for difference.
This Regulation also applies to behaviour or transactions, including bids, relating to the auctioning on an auction platform [F4in relation to which a recognition order is in force under the Recognised Auction Platforms Regulations 2011] of emission allowances or other auctioned products based thereon F5... pursuant to [F6the Greenhouse Gas Emissions Trading Scheme Auctioning Regulations 2021]. Without prejudice to any specific provisions referring to bids submitted in the context of an auction, any requirements and prohibitions in this Regulation referring to orders to trade shall apply to such bids.
2.Articles 12 and 15 also apply to:
(a)spot commodity contracts, which are not wholesale energy products, where the transaction, order or behaviour has or is likely or intended to have an effect on the price or value of a financial instrument referred to in paragraph 1;
(b)types of financial instruments, including derivative contracts or derivative instruments for the transfer of credit risk, where the transaction, order, bid or behaviour has or is likely to have an effect on the price or value of a spot commodity contract where the price or value depends on the price or value of those financial instruments; and
(c)behaviour in relation to benchmarks.
3.This Regulation applies to any transaction, order or behaviour concerning any financial instrument as referred to in paragraphs 1 and 2, irrespective of whether or not such transaction, order or behaviour takes place on a trading venue.
4.The prohibitions and requirements in this Regulation shall apply to actions and omissions, [F7wherever those actions and omissions take place, whether in the United Kingdom or another country or territory], concerning the instruments referred to in paragraphs 1 and 2.
Textual Amendments
F1Words in Art. 2(1)(a) substituted (31.12.2020) by The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 9(2)(a)(i)(aa) (as amended by S.I. 2019/680, reg. 8(2)(a)(i)); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 2(1)(b) substituted (31.12.2020) by The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 9(2)(a)(i)(bb) (as amended by S.I. 2019/680, reg. 8(2)(a)(ii)); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 2(1)(c) substituted (31.12.2020) by The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 9(2)(a)(i)(cc) (as amended by S.I. 2019/680, reg. 8(2)(a)(iii)); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 2(1) substituted (22.4.2021) by The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 9(2)(a)
F5Words in Art. 2(1) omitted (22.4.2021) by virtue of The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 9(2)(b)
F6Words in Art. 2(1) substituted (22.4.2021) by The Recognised Auction Platforms (Amendment and Miscellaneous Provisions) Regulations 2021 (S.I. 2021/494), regs. 1(2), 9(2)(c)
F7Words in Art. 2(4) substituted (31.12.2020) by The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 9(2)(b) (as substituted by S.I. 2019/1212, reg. 15(2)); 2020 c. 1, Sch. 5 para. 1(1)