Raw data used for Mifid II consultation 19/12/2014

The request was refused by European Securities and Markets Authority.

Dear European Securities and Markets Authority,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

All underlying data used in the Mifid II consultation dated 19/12/2014 on Esma's website to reach conclusions about trading activity and which products should be defined as liquid. As an example, I would like the raw data used from trading venues and trade repositories to analyse interest rate derivatives as set out on page 115 onwards of the document, and all other underlying data used to reach conclusions for all products in the document.

Yours faithfully,

Fiona Maxwell

Info ESMA, European Securities and Markets Authority

Dear Sir, Madam,

Thank you for contacting the European Securities and Markets Authority (ESMA). We will look into your request and will aim to respond to your message within a month.

Best regards.
Esma

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Enrico Gagliardi, European Securities and Markets Authority

Dear Ms Maxwell,

We acknowledge receipt of your request and we will revert to you in due course.

With kind regards

Enrico Gagliardi

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Enrico Gagliardi, European Securities and Markets Authority

Dear Ms Maxwell,

As regards your request dated 12 March 2015 please note the following.

Concerning your reference to the data used in the MiFID II consultation dated 19 December 2014 we note that the information you are referring to was collected, processed and analysed by ESMA staff in the context and for the exclusive purposes of the work of the Task Force on Transparency and the Trading Obligation and subject to a confidentiality agreement. For these reasons the data you requested is confidential and therefore cannot be disclosed.

Furthermore with respect to your reference to the data coming from trade repositories we would like to draw your attention to the fact that this information concerns sensitive data obtained by ESMA in the course of the on-going supervision conducted on trade repositories as well as for monitoring and preserving financial stability in the Union. Therefore the data you are referring to is covered by professional secrecy and cannot divulged.

In conclusion we also refer you to Article 7(2) of Regulation (EC) No 1049/2001 which states that an applicant may, within 15 working days of receiving this reply, make a confirmatory request asking ESMA to reconsider its position regarding the total or partial refusal to grant access to the requested documents.

With kind regards

Enrico Gagliardi

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