# Commission Delegated Regulation (EU) 2016/2020 of 26 May 2016 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council on markets in financial instruments with regard to regulatory technical standards on criteria for determining whether derivatives subject to the clearing obligation should be subject to the trading obligation (Text with EEA relevance), Article 2: Average frequency of trades

Extent: E+W+S+N.I.

1. In relation to the average frequency of trades, ESMA shall take into consideration the following elements:
(a) the number of days on which trading took place;
(b) the number of trades.
2. ESMA analysis of the criteria in paragraph 1 shall take into account the distribution of trading executed on trading venues and executed OTC. ESMA shall assess these criteria over a period of time of sufficient length to determine whether the liquidity of each class of derivatives or a relevant subset thereof is subject to seasonal or structural factors. ESMA shall also consider whether trades are concentrated at certain points in time and over certain sizes over the period assessed and determine to what extent such concentration constitutes predictable patterns.

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Source: https://www.legislation.gov.uk/eur/2016/2020/article/2 (the official version)
Page: https://openlegislation.uk/eu-regulation-2016-2020/article-2
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.