Trades of FTRs on the primary market, meaning when traded by or on behalf of the relevant TSO and a Market Participant do not fall within the scope of MIFID II/EMIR and henceforth does not qualify as financial instruments thereunder.
FTRs might be qualified as financial instruments when traded between two market participants, which could be considered as being secondary market.
In order to know more about your company’s exact obligations, you will need to contact the Agency for the Cooperation of Energy Regulators (ACER). https://www.acerremit.eu/portal/home.