EU · MiFIR · TITLE I SUBJECT MATTER, SCOPE AND DEFINITIONS
Article 1 MiFIRSubject matter and scope
Sets MiFIR's subject matter and scope: trade transparency, transaction reporting, the derivatives trading obligation, non-discriminatory access to clearing and benchmarks, product intervention and position powers, third-country firms, and data reporting services providers. It applies to investment firms, credit institutions and market operators, with specific titles applying to EMIR counterparties, CCPs and benchmark owners, and third-country firms; securities financing transactions are excluded from transparency, and ESCB transactions are exempt from certain transparency requirements.
Amendments and application dates
| Amending act | Change | Applies from |
|---|---|---|
| Regulation (EU) 2016/1033 | Text inserted | 1 Jul 2016 |
| Regulation (EU) 2019/2033 | Text inserted | by 26 Jun 2021 |
| Regulation (EU) 2019/2175 | Text inserted | by 1 Jan 2022 |
| Regulation (EU) 2024/791 | Text inserted; Text amended | 28 Mar 2024 |
Level 2: delegated and implementing acts
- Delegated actIn forceLegal basis
AI summaryAmends Delegated Regulation 2017/1799 to add the People's Bank of China to the third-country central banks whose monetary, foreign exchange and financial stability transactions are exempt from MiFIR pre- and post-trade transparency.
- Delegated actIn forceLegal basis
AI summaryAmends Delegated Regulation 2017/1799 to add the Bank of England to the third-country central banks whose monetary, foreign exchange and financial stability transactions are exempt from MiFIR pre- and post-trade transparency, so the exemption continues after the UK's withdrawal from the EU.
- Delegated actIn forceLegal basis
AI summaryExempts from MiFIR pre- and post-trade transparency the transactions of listed third-country central banks and the Bank for International Settlements carried out for monetary, foreign exchange and financial stability policy, under Article 1(9) MiFIR. The list has since been extended, including to the Bank of England and the People's Bank of China.
- RTSIn forceLegal basis
AI summaryRTS 2 on transparency for bonds, structured finance products, emission allowances and derivatives: sets pre-trade transparency by trading system type, large-in-scale and size-specific-to-the-instrument thresholds, order management facility sizes, the liquidity assessment of each instrument class, and post-trade publication content and deferral regimes. Amended several times, notably by Delegated Regulations 2021/529, 2022/629, 2023/945 and 2025/1246.
Level 3: ESMA Q&As, guidelines and opinions
- Q&ALegacy Q&A documentESMA rulebook
AI summaryESMA's consolidated legacy Q&A document (ESMA35-43-349, final version 15 December 2023) on MiFID II investor protection topics, including best execution, suitability, call recording, inducements and research, costs and charges, client categorisation, third-country firms and product governance. It is no longer updated; Q&As from 2024 are in ESMA's Q&A tool.
Commentary
No law-firm commentary is linked to this provision yet.
219 more documents relate to MiFIR as a whole without naming an article.
UK counterpart
- Article 1 UK MiFIR · Subject matter and scope
Revocation enacted by Financial Services and Markets Act 2023; no commencement date yet.
DivergedExplicit referenceEU changes after exit: Regulation (EU) 2019/2033 (by 26 Jun 2021), Regulation (EU) 2019/2175 (by 1 Jan 2022), Regulation (EU) 2024/791 (from 28 Mar 2024). UK changes after onshoring: Financial Services Act 2021 (from 1 Jul 2021), Financial Services and Markets Act 2023 (from 29 Aug 2023). UK revocation enacted (Financial Services and Markets Act 2023), not yet commenced.
Version history
- From 28 Mar 2024
- From 1 Jan 2022 to 28 Mar 2024
- From 26 Jun 2021 to 1 Jan 2022
- From 1 Jul 2016 to 26 Jun 2021
- From 2 Jul 2014 to 1 Jul 2016
Each entry is a consolidated version of the act on EUR-Lex in which this provision appears. The text itself is on the official site.