EMIR distinguishes ETD (Exchange Traded Derivatives) vs OTC (Over The Counter) Derivatives based on the place of execution. An ‘OTC derivative’ is defined as where execution does not take place on a regulated or equivalent market. An 'ETD' means an execution that takes place on a regulatedor equivalent market, which meets the following criteria (EMIR Q&A (ETD Q1));
contract is subject to rules of a TV (trading venue) and executed with compliance of those OR on a similar Trading venue outside EU:
contract is processed by the TV after execution and cleared by within 1 day of execution
clearing is done by a CCP
The above implies that a contract executed on an MTF or OTF (which fall under a TV definition), that meets the conditions defined in points 2 and 3 above, should also be considered an ETD.