Home Europe European Commission Commission Implementing Regulation (EU) 2016/378 of 11 March...
Date: 2016-03-17 Category: Not Applicable State: Union Government Country: Europe

Commission Implementing Regulation (EU) 2016/378 of 11 March 2016 laying down implementing technical standards with regard to the timing, format and template of the submission of notifications to competent authorities according to Regulation (EU) No 596/2014 of the European Parliament and of the Council (Text with EEA relevance)

Issued by European Commission · Not Applicable

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Executive Summary: Commission Implementing Regulation (EU) 2016/378 lays down implementing technical standards for the timing, format, and template of notifications to competent authorities according to Regulation (EU) No 596/2014 on market abuse. Trading venues must provide notifications of financial instruments to their competent authority by 21:00 CET each trading day, with specific timing for instruments admitted or traded before or after 18:00 CET. Competent authorities must transmit these notifications to ESMA by 23:59 CET daily. The regulation applies from 3 July 2016. Key Points / Main Content: * **Reporting Obligations for Trading Venues:** * Trading venues must report notifications of financial instruments to their competent authority by 21:00 CET on each trading day. * Notifications must include instruments subject to a request for admission to trading, admitted to trading, or traded on the venue before 18:00 CET. * Instruments meeting the above criteria after 18:00 CET must be reported by 21:00 CET the next trading day. * Reporting must be done using automated processes. * **Responsibilities of Competent Authorities:** * Competent authorities must transmit notifications to ESMA by 23:59 CET each day. * Transmission must use automated processes and secure electronic channels. * **Format and Standards for Notifications:** * Notifications must adhere to the standards and formats specified in the Annex. * Data must be submitted in electronic, machine-readable form using a common XML template in accordance with ISO 20022 methodology. * **Effective Date:** * The regulation is effective from 3 July 2016. Impact Analysis: * **Trading Venues:** * *Impact:* Must implement automated processes to collect and submit required data on financial instruments traded on their venues within specified deadlines. * *Action Required:* Update systems to comply with the reporting timelines and the specified data formats (XML, ISO 20022). * **Competent Authorities:** * *Impact:* Responsible for receiving data from trading venues and transmitting it to ESMA within specified deadlines. * *Action Required:* Establish or update automated systems and secure electronic channels for data transmission to ESMA. * **European Securities and Markets Authority (ESMA):** * *Impact:* Receives and processes notifications from competent authorities, ensuring data quality and effective market monitoring. * *Action Required:* Ensure systems are in place to receive and process the notifications from competent authorities according to the specified standards and timelines.

Key Entities Referenced

European Union: A political and economic union of member states located primarily in Europe. European Parliament: One of the legislative bodies of the European Union. Council of the European Union: A legislative body of the European Union, composed of government ministers from each member state. European Commission: An executive branch of the European Union responsible for proposing legislation, implementing decisions, and managing the EU's budget. European Securities and Markets Authority (ESMA): A European Union financial regulatory agency. Regulation EU No 596/2014: Regulation on market abuse (market abuse regulation). Regulation EU No 600/2014: Regulation on markets in financial instruments. Brussels: The capital of Belgium, and the de facto capital of the European Union, where the regulation was adopted.
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17.3.2016 EN Official Journal of the European Union L 72/1 II (Non-legislative acts) REGULATIONS COMMISSION IMPLEMENTING REGULATION (EU) 2016/378 of 11 March 2016 laying down implementing technical standards with regard to the timing, format and template of the submission of notifications to competent authorities according to Regulation (EU) No 596/2014 of the European Parliament and of the Council (Text with EEA relevance) THE EUROPEAN COMMISSION, Having regard to the Treaty on the Functioning of the European Union, Having regard to Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (1), and in particular, the third subparagraph of Article 4(5) thereof, Whereas: (1) In order to ensure the coherence of reporting obligations and to reduce the administrative burden for entities subject to such obligations, it is necessary to align the reporting obligations under this Regulation and under Commission Delegated Regulation to be adopted in accordance with the third subparagraph of Article 27(3) of Regulation (EU) No 600/2014 of the European Parliament and of the Council (2). (2) In order to enable the competent authorities and the European Securities and Markets Authority (ESMA) to ensure data quality and effective market monitoring, for the benefit of market integrity, the competent authorities and ESMA should be able to promptly receive complete notifications in respect of each trading day. (3) For the purposes of effective and efficient use of data by competent authorities, there should be consistency in the templates and formats used when submitting notifications of financial instruments. Adherence to the relevant international standards with regard to the details included in those notifications promotes those purposes. (4) This Regulation is based on the draft implementing technical standards submitted by ESMA to the Commission. (5) ESMA has conducted open public consultations on the draft implementing technical standard on which this Regulation is based, analysed the potential related costs and benefits and requested the opinion of the Securities and Markets Stakeholder Group established by Article 37 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council (3). (6) In order to ensure the smooth functioning of the financial markets, it is necessary that this Regulation enters into force as a matter of urgency and that the provisions laid down in this Regulation apply from the same date as those laid down in Regulation (EU) No 596/2014, (1) OJ L 173, 12.6.2014, p. 1. (2) Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (OJ L 173, 12.6.2014, p. 84). (3) Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).L 72/2 EN Official Journal of the European Union 17.3.2016 HAS ADOPTED THIS REGULATION: Article 1 1. By no later than 21.00 CET on each day that it is open for trading, a trading venue shall, using automated processes, provide to its competent authority pursuant to Article 4(1) of Regulation (EU) No 596/2014 the notifications of all financial instruments which, before 18.00 CET on that day, were for the first time subject to a request for admission to trading or admitted to trading or traded on that trading venue, including where orders or quotes were placed through its system, or ceased to be traded or to be admitted to trading on the trading venue. 2. Notifications of financial instruments which, after 18.00 CET, were for the first time subject to a request for admission to trading or admitted to trading or traded on the trading venue, including where orders or quotes were placed through its system, or ceased to be traded or to be admitted to trading on the trading venue, shall be made, using automated processes, by the trading venue to the competent authority by no later than 21.00 CET of the next day on which it is open for trading. 3. Competent authorities shall transmit notifications referred to in paragraphs 1 and 2 pursuant to Article 4(2) of Regulation (EU) No 596/2014 to ESMA each day by no later than 23.59 CET using automated processes and secure electronic communication channels between them and ESMA. Article 2 All details to be included in notifications pursuant to Article 4(1) and (2) of Regulation (EU) No 596/2014 shall be submitted in accordance with the standards and formats specified in the Annex to this Regulation, in an electronic and machine-readable form and in a common XML template in accordance with the ISO 20022 methodology. Article 3 This Regulation shall enter into force on the day following that of its publication in the Official Journal of the European Union. It shall apply from 3 July 2016. This Regulation shall be binding in its entirety and directly applicable in all Member States. Done at Brussels, 11 March 2016. For the Commission The President Jean-Claude JUNCKER17.3.2016 EN Official Journal of the European Union L 72/3 ANNEX Standards and formats of the submission of notifications to competent authorities according to Regulation (EU) No 596/2014 Table 1 Legend for Table 3 SYMBOL DATA TYPE DEFINITION {ALPHANUM-n} Up to n alphanumerical characters Free text field. {CFI_CODE} 6 characters ISO 10962 CFI code. {COUNTRYCODE_2} 2 alphanumerical characters 2-letter country code, as defined by ISO 3166-1 alpha-2 country code. {CURRENCYCODE_3} 3 alphanumerical characters 3-letter currency code, as defined by ISO 4217 currency codes {DATE_TIME_FORMAT} ISO 8601 date and time format — Date and time in the following for­ mat: — YYYY-MM-DDThh:mm:ss.ddddddZ. — ‘YYYY’ is the year; — ‘MM’ is the month; — ‘DD’ is the day; — ‘T’ — means that the letter ‘T’ shall be used — ‘hh’ is the hour; — ‘mm’ is the minute; — ‘ss.dddddd’ is the second and its fraction of a second; — Z is UTC time. Dates and times shall be reported in UTC. {DATEFORMAT} ISO 8601 date format Dates shall be formatted by the follow­ ing format: YYYY-MM-DD. {DECIMAL-n/m} Decimal number of up to n digits in Numerical field for both positive and total of which up to m digits can be negative values. fraction digits — decimal separator is ‘.’ (full stop); — negative numbers are prefixed with ‘-’ (minus); Values are rounded and not truncated.L 72/4 EN Official Journal of the European Union 17.3.2016 SYMBOL DATA TYPE DEFINITION {INDEX} 4 alphabetic characters ‘EONA’ — EONIA ‘EONS’ — EONIA SWAP ‘EURI’ — EURIBOR ‘EUUS’ — EURODOLLAR ‘EUCH’ — EuroSwiss ‘GCFR’ — GCF REPO ‘ISDA’ — ISDAFIX ‘LIBI’ — LIBID ‘LIBO’ — LIBOR ‘MAAA’ — Muni AAA ‘PFAN’ — Pfandbriefe ‘TIBO’ — TIBOR ‘STBO’ — STIBOR ‘BBSW’ — BBSW ‘JIBA’ — JIBAR ‘BUBO’ — BUBOR ‘CDOR’ — CDOR ‘CIBO’ — CIBOR ‘MOSP’ — MOSPRIM ‘NIBO’ — NIBOR ‘PRBO’ — PRIBOR ‘TLBO’ — TELBOR ‘WIBO’ — WIBOR ‘TREA’ — Treasury ‘SWAP’ — SWAP ‘FUSW’ — Future SWAP {INTEGER-n} Integer number of up to n digits in Numerical field for both positive and total negative integer values. {ISIN} 12 alphanumerical characters ISIN code, as defined in ISO 6166. {LEI} 20 alphanumerical characters Legal entity identifier as defined in ISO 17442. {MIC} 4 alphanumerical characters Market identifier as defined in ISO 10383. {FISN} 35 alphanumeric characters FISN code as defined in ISO 18774.17.3.2016 EN Official Journal of the European Union L 72/5 Table 2 Classification of commodity and emission allowances derivatives for Table 3 (fields 35-37) Base product Sub product Further sub product ‘AGRI’ — Agricultural ‘GROS’ — Grains and Oil Seeds ‘FWHT’ — Feed Wheat ‘SOYB’ — Soybeans ‘CORN’ — Maize ‘RPSD’ — Rapeseed ‘RICE’ — Rice ‘OTHR’ — Other ‘SOFT’ — Softs ‘CCOA’ — Cocoa ‘ROBU’ — Robusta Coffee ‘WHSG’ — White Sugar ‘BRWN’ — Raw Sugar ‘OTHR’ — Other ‘POTA’ — Potato ‘OOLI’ — Olive oil ‘LAMP’ — Lampante' ‘DIRY’ — Dairy ‘FRST’ — Forestry ‘SEAF’ — Seafood ‘LSTK’ — Livestock ‘GRIN’ — Grain ‘MWHT’ — Milling Wheat ‘NRGY’ — Energy ‘ELEC’ -Electricity ‘BSLD’ — Base load ‘FITR’ — Financial Transmission Rights ‘PKLD’ — Peak load ‘OFFP’ — Off-peak ‘OTHR’ — Other ‘NGAS’ — Natural Gas ‘GASP’ — GASPOOL ‘LNGG’ — LNG ‘NBPG’ — NBP ‘NCGG’ — NCG ‘TTFG’ — TTFL 72/6 EN Official Journal of the European Union 17.3.2016 Base product Sub product Further sub product ‘OILP’ — Oil ‘BAKK’ — Bakken ‘BDSL’ — Biodiesel ‘BRNT’ — Brent ‘BRNX’ — Brent NX ‘CNDA’ — Canadian ‘COND’ — Condensate ‘DSEL’ — Diesel ‘DUBA’ — Dubai ‘ESPO’ — ESPO ‘ETHA’ — Ethanol ‘FUEL’ — Fuel ‘FOIL’ — Fuel Oil ‘GOIL’ — Gasoil ‘GSLN’ — Gasoline ‘HEAT’ — Heating Oil ‘JTFL’ — Jet Fuel ‘KERO’ — Kerosene ‘LLSO’ — Light Louisiana Sweet (LLS) ‘MARS’ — Mars ‘NAPH’ — Naptha ‘NGLO’ — NGL ‘TAPI’ — Tapis ‘URAL’ — Urals ‘WTIO’ — WTI ‘COAL’ — Coal ‘INRG’ — Inter Energy ‘RNNG’ — Renewable energy ‘LGHT’ — Light ends ‘DIST’ — Distillates ‘ENVR’ — Environmental ‘EMIS’ — Emissions ‘CERE’ — CER ‘ERUE’ — ERU ‘EUAE’ — EUA ‘EUAA’ — EUAA ‘OTHR’ — Other ‘WTHR’ — Weather ‘CRBR’ — Carbon-related'17.3.2016 EN Official Journal of the European Union L 72/7 Base product Sub product Further sub product ‘FRGT’ — ‘Freight’ ‘WETF’ — Wet ‘TNKR’ -Tankers ‘DRYF’ — Dry ‘DBCR’ -Dry bulk carriers ‘CSHP’ — Container ships ‘FRTL’ — ‘Fertilizer’ ‘AMMO’ — Ammonia ‘DAPH’ — DAP (Diammonium Phos­ phate) ‘PTSH’ — Potash ‘SLPH’ — Sulphur ‘UREA’ — Urea ‘UAAN’ — UAN (urea and ammo­ nium nitrate) ‘INDP’ — Industrial products' ‘CSTR’ — Construction ‘MFTG’ — Manufacturing ‘METL’ — Metals' ‘NPRM’ — Non-Precious ‘ALUM’ — Aluminium ‘ALUA’ — Aluminium Alloy ‘CBLT’ — Cobalt ‘COPR’ — Copper ‘IRON’ — Iron ore ‘LEAD’ — Lead ‘MOLY’ — Molybdenum ‘NASC’ — NASAAC ‘NICK’ — Nickel ‘STEL’ — Steel ‘TINN’ — Tin ‘ZINC’ — Zinc ‘OTHR’ — Other ‘PRME’ — Precious ‘GOLD’ — Gold ‘SLVR’ — Silver ‘PTNM’ — Platinum ‘PLDM’ — Palladium ‘OTHR’ — Other ‘MCEX’ — Multi Commodity Exotic' ‘PAPR’ — Paper ‘CBRD’ — Containerboard ‘NSPT’ — Newsprint ‘PULP’ — Pulp ‘RCVP’ — Recovered paperL 72/8 EN Official Journal of the European Union 17.3.2016 Base product Sub product Further sub product ‘POLY’ — Polypropylene ‘PLST’ — Plastic ‘INFL’ — Inflation ‘OEST’ — Official economic statistics' ‘OTHC’ — Other C10 ‘as defined in 'DLVR’ — Deliverable Table 10.1 Section 10 of Annex III ‘NDLV’ — Non-deliverable to Commission Delegated Regulation supplementing Regulation (EU) No 600/2014 of the European Parlia­ ment and of the Council with regard to regulatory technical standards on transparency requirements for trading venues and investment firms in respect of bonds, structured finance products, emission allowances and derivatives. ‘OTHR’ — Other Table 3 Standards and formats to be used in the notifications to be submitted in accordance with Article 4(1) and (2) of Regulation (EU) No 596/2014 STANDARDS AND FORMATS TO BE N. FIELD USED FOR REPORTING General Fields 1 Instrument identification code {ISIN} 2 Instrument full name {ALPHANUM-350} 3 Instrument classification {CFI_CODE} 4 Commodities derivative indicator ‘true’ — Yes ‘false’ — No Issuer related fields 5 Issuer or operator of the trading ve­ {LEI} nue identifier Venue related fields 6 Trading venue {MIC} 7 Financial instrument short name {FISN} 8 Request for admission to trading by ‘true’ — Yes issuer ‘false’ — No17.3.2016 EN Official Journal of the European Union L 72/9 STANDARDS AND FORMATS TO BE N. FIELD USED FOR REPORTING 9 Date of approval of the admission to {DATE_TIME_FORMAT} trading 10 Date of request for admission to trad­ {DATE_TIME_FORMAT} ing 11 Date of admission to trading or date {DATE_TIME_FORMAT} of first trade 12 Termination date {DATE_TIME_FORMAT} Notional related fields 13 Notional currency 1 {CURRENCYCODE_3} Bonds or other forms of securitised debt related fields 14 Total issued nominal amount {DECIMAL-18/5} 15 Maturity date {DATEFORMAT} 16 Currency of nominal value {CURRENCYCODE_3} 17 Nominal value per unit/minimum {DECIMAL-18/5} traded value 18 Fixed rate {DECIMAL-11/10} Expressed as a percentage (e.g. 7.0 means 7 % and 0.3 means 0,3 %) 19 Identifier of the index/benchmark of {ISIN} a floating rate bond 20 Name of the index/benchmark of a {INDEX} floating rate bond Or {ALPHANUM-25} — if the index name is not included in the {INDEX} list 21 Term of the index/benchmark of a {INTEGER-3}+‘DAYS’ — days floating rate bond. {INTEGER-3}+‘WEEK’ — weeks {INTEGER-3}+‘MNTH’ — months {INTEGER-3}+‘YEAR’ — years 22 Base Point Spread of the index/bench­ {INTEGER-5} mark of a floating rate bond 23 Seniority of the bond ‘SNDB’ — Senior Debt ‘MZZD’ — Mezzanine ‘SBOD’ — Subordinated Debt ‘JUND’ — Junior DebtL 72/10 EN Official Journal of the European Union 17.3.2016 STANDARDS AND FORMATS TO BE N. FIELD USED FOR REPORTING Derivatives and Securitised Derivatives related fields 24 Expiry date {DATEFORMAT} 25 Price multiplier {DECIMAL-18/17} 26 Underlying instrument code {ISIN} 27 Underlying issuer {LEI} 28 Underlying index name {INDEX} Or {ALPHANUM-25} — if the index name is not included in the {INDEX} list 29 Term of the underlying index {INTEGER-3}+‘DAYS’ — days {INTEGER-3}+‘WEEK’ — weeks {INTEGER-3}+‘MNTH’ — months {INTEGER-3}+‘YEAR’ — years 30 Option type ‘PUTO’ — Put ‘CALL’ — Call ‘OTHR’ — where it cannot be deter­ mined whether it is a call or a put 31 Strike price {DECIMAL-18/13} in case the price is expressed as monetary value {DECIMAL-11/10} in case the price is expressed as percentage or yield {DECIMAL-18/17} in case the price is expressed as basis points ‘PNDG’ in case the price is not avail­ able 32 Strike price currency {CURRENCYCODE_3} 33 Option exercise style ‘EURO’ — European ‘AMER’ — American ‘ASIA’ — Asian ‘BERM’ — Bermudan ‘OTHR’ — Any other type 34 Delivery type ‘PHYS’ — Physically Settled ‘CASH’ — Cash settled ‘OPTN’ — Optional for counterparty or when determined by a third party17.3.2016 EN Official Journal of the European Union L 72/11 STANDARDS AND FORMATS TO BE N. FIELD USED FOR REPORTING Commodity and emission allowances derivatives 35 Base product Only values in the ‘Base product’ col­ umn of the classification of commod­ ities and emission allowances deriva­ tives table are allowed. 36 Sub product Only values in the ‘Sub product’ col­ umn of the classification of commod­ ities and emission allowances deriva­ tives table are allowed. 37 Further sub product Only values in the ‘Further sub prod­ uct’ of the classification of commod­ ities and emission allowances deriva­ tives table are allowed. 38 Transaction type ‘FUTR’ — Futures ‘OPTN’ — Options ‘TAPO’ — TAPOS ‘SWAP’ — SWAPS ‘MINI’ — Minis ‘OTCT’ — OTC ‘ORIT’ — Outright ‘CRCK’ — Crack ‘DIFF’ — Differential ‘OTHR’ — Other 39 Final price type ‘ARGM’ — Argus/McCloskey ‘BLTC’ — Baltic ‘EXOF’ — Exchange ‘GBCL’ — GlobalCOAL ‘IHSM’ — IHS McCloskey ‘PLAT’ — Platts ‘OTHR’ — Other Interest rate derivatives — The fields in this section should only be populated for instruments that have non-financial instrument of type inter­ est rates as underlying. 40 Reference rate {INDEX} Or {ALPHANUM-25}- if the reference rate is not included in the {INDEX} listL 72/12 EN Official Journal of the European Union 17.3.2016 STANDARDS AND FORMATS TO BE N. FIELD USED FOR REPORTING 41 IR Term of contract {INTEGER-3}+‘DAYS’ — days {INTEGER-3}+‘WEEK’ — weeks {INTEGER-3}+‘MNTH’ — months {INTEGER-3}+‘YEAR’ — years 42 Notional currency 2 {CURRENCYCODE_3} 43 Fixed rate of leg 1 {DECIMAL -11/10} Expressed as a percentage (e.g. 7.0 means 7 % and 0.3 means 0,3 %) 44 Fixed rate of leg 2 {DECIMAL -11/10} Expressed as a percentage (e.g. 7.0 means 7 % and 0.3 means 0,3 %) 45 Floating rate of leg 2 {INDEX} Or {ALPHANUM-25} — if the reference rate is not included in the {INDEX} list 46 IR Term of contract of leg 2 {INTEGER-3}+‘DAYS’ — days {INTEGER-3}+‘WEEK’ — weeks {INTEGER-3}+‘MNTH’ — months {INTEGER-3}+‘YEAR’ — years Foreign exchange derivatives — The fields in this section should only be populated for instruments that have non-financial instrument of type foreign exchange as underlying. 47 Notional currency 2 {CURRENCYCODE_3} 48 FX Type ‘FXCR’ — FX Cross Rates ‘FXEM’ — FX Emerging Markets ‘FXMJ’ — FX Majors

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