Date: 2016-03-17Category: Not ApplicableState: Union GovernmentCountry: 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)
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.
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