Derivatives within Section C(10) of Annex I to Directive 2004/39/EC
In addition to derivative contracts of a kind referred to in Section C(10) of Annex I to Directive 2004/39/EC, a derivative contract relating to any of the following shall fall within that Section if it meets the criteria set out in that Section and in Article 38(3):
(a)
telecommunications bandwidth;
(b)
commodity storage capacity;
(c)
transmission or transportation capacity relating to commodities, whether cable, pipeline or other means;
(d)
an allowance, credit, permit, right or similar asset which is directly linked to the supply, distribution or consumption of energy derived from renewable resources;
(e)
a geological, environmental or other physical variable;
(f)
any other asset or right of a fungible nature, other than a right to receive a service, that is capable of being transferred;
(g)
an index or measure related to the price or value of, or volume of transactions in any asset, right, service or obligation.