Publication
International arbitration report
In this edition, we focused on the Shanghai International Economic and Trade Arbitration Commission’s (SHIAC) new arbitration rules, which take effect January 1, 2024.
MiFID II / MiFIR Delegated Acts, Regulatory and Implementing Technical Standards update
Global | Publication | July 2016
The table provides an overview of the MiFID II / MiFIR Delegated Acts, Regulatory and Implementing Technical Standards and their current status.
| RTS/ITS | Legal Basis | Adoption by the European Commission | Links to the draft RTSs that are still not adopted by the European Commission | Links to the Acts as adopted by the European Commission | End of EP/Council scrutiny | Published in the Official Journal |
|---|---|---|---|---|---|---|
|
RTS 1: Transparency requirements for trading venues and investment firms in respect of shares, depositary receipts, exchange- traded funds, certificates and other similar financial instruments (Commission Delegated Regulation (EU) 2017/587) |
MiFIR Articles 4(6), 7(2), 14(7), 20(3), 22(4) and 23(3)
|
14/07/2016 C(2016) 4390 |
|
RTS 1 | 16/08/2016 | RTS 1 published in the Official Journal |
| Annex to RTS 1 | ||||||
| RTS 2: Transparency requirements for trading venues and investment firms in respect of bonds, structured finance products, emission allowances and derivatives (Commission Delegated Regulation (EU) 2017/583) | MiFIR Articles 1(8), 9(5), 11(4), 21(5) and 22(4) | 14/07/2016 C(2016) 4301 |
|
RTS 2 | 16/08/2016 | RTS 2 published in the Official Journal |
| Annex to RTS 2 | ||||||
| RTS 3: The volume cap mechanism and the provision of information for the purposes of transparency and other calculations (Commission Delegated Regulation (EU) 2017/577) | MiFIR Articles 5(9) and 22(4) | 13/06/2016 C(2016) 2711 |
RTS 3 | 13/07/2016 | RTS 3 published in the Official Journal | |
| Annex to RTS 3 | ||||||
| RTS 4: Criteria for determining whether derivatives subject to the clearing obligation should be subject to the trading obligation (Commission Delegated Regulation (EU) 2016/2020) | MiFIR Article 32(6) | 26/05/2016 C(2016) 2710 |
RTS 4 | 27/08/2016 | RTS 4 published in the Official Journal | |
| RTS 5: Direct, substantial and foreseeable effect of derivative contracts within the Union (Commission Delegated Regulation (EU) 2017/579) | MiFIR Article 28(5) | 13/06/2016 C(2016) 3544 |
RTS 5 | 13/07/2016 | RTS 5 published in the Official Journal | |
| RTS 6: Specifying the organisational requirements of investment firms engaged in algorithmic trading (Commission Delegated Regulation (EU) 2017/589) | MiFID Article 17(7)(a) and (d) | 19/07/2016 C(2016) 4478 |
|
RTS 6 | 19/08/2016 | RTS 6 published in the Official Journal |
| Annex to the RTS 6 | ||||||
| RTS 7: Specifying organisational requirements of facilities trading venues allowances and derivatives (Commission Delegated Regulation (EU) 2017/584) | MiFID Article 48(12)(a),(c) and (g) | 14/07/2016 C(2016) 4387 |
|
RTS 7 | 16/08/2016 | RTS 7 published in the Official Journal |
| Annex to RTS 7 | ||||||
| RTS 8: Specifying the requirements on market making agreements and schemes (Commission Delegated Regulation (EU) 2017/578) | MiFID Article 17(7)(a), (b) and (c) and Article 48(12)(a) and (f) |
13/06/2016 C(2016) 3523 |
RTS 8 | 13/07/2016 | RTS 8 published in the Official Journal | |
| RTS 9: The ratio of unexecuted orders to transactions (Commission Delegated Regulation (EU) 2017/566) | MiFID Article 48(12)(b) | 18/05/2016 C(2016) 2775 |
RTS 9 | 18/08/2016 | RTS 9 published in the Official Journal | |
| Annex to RTS 9 | ||||||
| RTS 10: Requirements to ensure fair and non- discriminatory co-location services and fee structures (Commission Delegated Regulation (EU) 2017/573) | MiFID Article 48(12)(d) | 06/06/2016 C(2016) 3266 |
RTS 10 | 06/07/2016 | RTS 10 published in the Official Journal | |
| RTS 11: Tick size regime for shares, depositary receipts and, exchange traded funds (Commission Delegated Regulation (EU) 207/588) |
MiFID Article 49(3) and (4) | 14/07/2016 C(2016) 4387 |
RTS 11 | 16/08/2016 | RTS 11 published in the Official Journal | |
| Annex to RTS 11 | ||||||
| RTS 12: Determination of a material market in terms of liquidity relating to halt notifications (Commission Delegated Regulation (EU) 2017/570) | MiFID Article 48(12)(e) | 26/05/2016 C(2016)3020 |
RTS 12 | 26/08/2016 | RTS 12 published in the Official Journal | |
| RTS 13: Authorisation, organisational requirements and the publication of transactions for data reporting services providers (Commission Delegated Regulation (EU) 2017/571) | MiFID Articles 61(4), 64(6),(8), 65(6), (8), and 66(5) | 02/06/2016 C(2016)3201 |
RTS 13 | 04/07/2016 | RTS 13 published in the Official Journal | |
| Delegated Regulation amending RTS 13 | Commission Delegated Regulation (EU) 2018/63 amending RTS 13 | |||||
| RTS 14: Specification of the offering of pre-and post-trade data and the level of disaggregation of data (Commission Delegated Regulation 2017/572) | MiFIR Article 12(2) | 02/06/2016 C(2016) 3206 |
RTS 14 | 04/07/2016 | RTS 14 published in the Official Journal | |
| RTS 15: Clearing access in respect of trading venues and central counterparties (Commission Delegated Regulation (EU) 2017/581) | MiFIR Articles 35(6) and 36(6) | 24/06/2016 C(2016) 3807 |
RTS 15 | 24/07/2016 | RTS 15 published in the Official Journal | |
| Annex to RTS 15 | ||||||
| RTS 16: Access in respect of benchmarks (Commission Delegated Regulation (EU) 2016/2021) | MiFIR Article 37(4) (a), (b), and (c) | 02/06/2016 C(2016) 3203 |
RTS 16 | 04/07/2016 | RTS 16 published in the Official Journal | |
| RTS 17: Admission of financial instruments to trading on regulated markets (Commission Delegated Regulation (EU) 2017/568) | MiFIR 3rd subpara Article 51(6) | 24/05/2016 C(2016) 3017 |
RTS 17 | 24/08/2016 | RTS 17 published in the Official Journal | |
| RTS 18: Suspension and removal of financial instruments from trading reporting services providers (Commission Delegated Regulation (EU) 2017/ 569) | MiFID 10th subpara of Article 32(2) and the 10th subpara of Article 52(2) | 24/05/2016 C(2016) 3014 |
RTS 18 | 24/08/2016 | RTS 18 published in the Official Journal | |
| ITS 19: Description of the functioning of MTFs and OTFs (Commission Delegated Regulation (EU) 2016/824) | MiFID 3rd subpara of Article 18(11) | 24/05/2016 C(2016) 3019 |
N/A | ITS 19 published in the Official Journal | ||
| RTS 20: Criteria to establish when an activity is considered to be ancillary to the main business (Commission Delegated Regulation (EU) 2017/592) | MiFID Article 2(4) | 1/12/2016 C(2016)7643 |
RTS 20 | 01/03/2017 | RTS 20 published in the Official Journal | |
| RTS 21: Application of position limits to commodity derivatives (Commission Delegated Regulation (EU) 2017/591) | MiFID Article 57(3) and (12) | 1/12/2016 C(2016)4362 |
RTS 21 | 01/03/2017 | RTS 21 published in the Official Journal | |
| RTS 22: Reporting of transactions to competent authorities (Commission Delegated Regulation (EU) 2017/590) | MiFIR 3rd subpara of Article 26(9) | 28/07/2016 C(2016) 4733 | RTS 22 | 22/11/2016 | RTS 22 published in the Official Journal | |
| Annex to RTS 22 | ||||||
| RTS 23: Supply of financial instruments reference data (Commission Delegated Regulation (EU) 2017/585) | MiFIR the 3rd subpara of Article 27(3) | 14/07/2016 C(2016) 4405 |
RTS 23 | 16/08/2016 | RTS 23 published in the Official Journal | |
| Annex to RTS 23 | ||||||
| RTS 24: Maintenance of relevant data relating to orders in financial instruments (Commission Delegated Regulation (EU) 2017/580) | MiFIR 4th subpara of Article 25(3) | 24/06/2016 C(2016) 3821 |
RTS 24 | 24/07/2016 | RTS 24 published in the Official Journal | |
| Annex to RTS 24 | ||||||
| RTS 25: Clock synchronisation (Commission Delegated Regulation (EU) 2017/574) | MiFID 3rd subpara of Article 50(2) | 07/06/2016 C(2016) 3316 |
RTS 25 | 07/07/2016 | RTS 25 published in the Official Journal | |
| Annex to RTS 25 | ||||||
| RTS 26: Specifying the obligation to clear derivatives traded on regulated markets and timing of acceptance for clearing (STP) (Commission Delegated Regulation (EU) 2017/582) | MiFIR Article 29(3) | 29/06/2016 C(2016) 3944 |
RTS 26 | 29/07/2016 | RTS 26 published in the Official Journal | |
| RTS 27: Data to be provided by execution venues on the quality of execution of transactions (Commission Delegated Regulation (EU) 2017/575) | MiFID point (a) of the 1st subpara of Article 27(10) | 08/06/2016 C(2016) 3333/4 |
RTS 27 | 08/07/2016 | RTS 27 published in the Official Journal | |
| Annex to RTS 27 | ||||||
| RTS 28: Annual publication by investment firms of information on the identity of execution venues and on the quality of execution (Commission Delegated Regulation (EU) 2017/576) | MiFID point (b) of the 1st subpara of Article 27(10) | 08/07/2016 C(2016) 3337/3 |
RTS 28 | 08/07/2016 | RTS 28 published in the Official Journal | |
| Annex to RTS 28 | ||||||
| Commission Delegated Directive (EU) 2017/593 (safeguarding of financial instruments and funds belonging to clients, product governance obligations and the rules applicable to the provision or reception of fees, commissions and any monetary or non-monetary benefits) | MiFID Article 16(12) and Article 24(13) | 07/04/2016 C(2016) 2013 |
Commission Delegated Directive | 07/07/2016 – can be extended for further 3 months until 07/10/2016 | Commission Delegated Directive (safeguarding of financial instruments and funds belonging to clients, product governance obligations and the rules applicable to the provision or reception of fees, commissions and any monetary or non-monetary benefits) published in the Official Journal | |
| Commission Delegated Regulation (EU) 2017/565(organisational requirements and operating conditions for investment firms and defined terms) | MiFID Article 2(3), and 2nd para of Articles 4(1), 4(2), 16(12), 23(4), 24(13), 25(8), 27(9), 28(3), 30(5), 31(4), 32(4), 33(8), 52(4), 54(4), 58(6), 64(7), 65(7), 79(8) | 25/04/2016 C(2016) 2398 |
Commission Delegated Regulation | 25/07/2016 – can be extended for further 3 months until 25/10/2016 |
|
|
| Commission Delegated Regulation Annex | ||||||
|
Commission Delegated Regulation (EU) 2017/567 (definitions, transparency, portfolio compression and supervisory measures on product interventions and positions) |
MiFIR Article 2(2), 13(2), 15(5), 17(3), 19(2), 19(3), 31(4), 40(8), 41(8), 42(7), 45(10) | 18.05.2016 C(2016) 2860 |
Commission Delegated Regulation | 18/06/2016 | Commission Delegated Regulation (definitions, transparency, portfolio compression and supervisory measures on product interventions and positions) | |
|
Commission Delegated Regulation (EU) 2017/1799 (exemption of certain third countries central banks in their performance of monetary, foreign exchange and financial stability policies from pre- and post-trade transparency requirements |
MiFIR Article 1(9) | Commission Delegated Regulation (exemption of certain third countries central banks in their performance of monetary, foreign exchange and financial stability policies from pre- and post-trade transparency requirements | ||||
|
RTS: Authorisation (Commission Delegated Regulation (EU) 2017/1943) |
MiFID Article 7(4) | 14/07/2016 C(2016) 4417 |
RTS: Authorisation | 16/08/2016 | RTS: Authorisation | |
| ITS: Authorisation (Commission Implementing Regulation (EU) 2017/1945) | MiFID 3rd subpara of Article 7(5) | ESMA’s Final Report (MiFID II/MiFIR draft Technical Standards) page 32 | ITS: Authorisation | |||
| RTS: Passporting (Commission Delegated Regulation (EU) 2017/1018) | MiFID 3rd subpara of Articles 34(8) and the 3rd subpara or Article 35(11) | 29/06/2016 C(2016) 3917 |
RTS: Passporting | 29/07/2016 | RTS: Passporting published in the Official Journal | |
| Corrigendum to RTS on passporting | ||||||
|
ITS: Standard forms, templates and procedures for the transmission of information (Commission Implementing Regulation (EU) 2017/2382) |
MiFID Articles 34(9) and 35(12) | ESMA’s Final Report (MiFID II/MiFIR draft Technical Standards) page 56 |
ITS: Standard forms, templates and procedures for the transmission of information
Corrigendum to ITS on standard forms, templates and procedures for the transmission of information |
|||
| RTS: Cooperation between authorities (Commission Delegated Regulation (EU) 2017/586) | MiFID Article 80(3) | 14/07/2016 C(2016) 4415 |
RTS: Cooperation between authorities | 16/08/2016 | RTS: Cooperation between authorities | |
| RTS: Registration of third country firms (Commission Delegated Regulation (EU) 2016/2022) | MiFIR Article 46(7) | 14/07/2016 C(2016)4407 |
RTS: Registration of third country firms | 16/08/2016 | RTS: Registration of third country firms in the Official Journal | |
| RTS: An exhaustive list of information to be included by proposed acquirers in the notification of a proposed acquisition of a qualifying holding in an investment firm (Commission Delegated Regulation (EU) 2017/1946) | MiFID I Article 10(a)(8) |
11/07/2017 |
RTS: An exhaustive list of information to be included by proposed acquirers in the notification of a proposed acquisition of a qualifying holding in an investment firm | RTS: An exhaustive list of information to be included by proposed acquirers in the notification of a proposed acquisition of a qualifying holding in an investment firm | ||
|
RTS: Indirect clearing (Commission Delegated Regulation (EU) 2017/2154) |
MiFIR Article 30(2) |
22/09/2017 C(2017) 6268 |
RTS: Indirect clearing | |||
|
RTS: Package orders (Commission Delegated Regulation (EU) 2017/2194 |
MiFIR Article |
RTS: Package orders | ||||
|
RTS: Trading obligation for certain derivatives (Commission Delegated Regulation (EU) 2017/2417) |
MiFIR Article 32(1) |
17/11/2017 C(2017) 7684 |
||||
| ITS: Standard forms, templates and procedures for the consultation process between relevant competent authorities in relation to the notification of a proposed acquisition of a qualifying holding in an investment firm (Commission Delegated Regulation (EU) 2017/1944) | MiFID I 6th subpara of Article 10(a)(8) | ESMA’s Final Report (Annex 4) page 30 | ITS: Standard forms, templates and procedures for the consultation process between relevant competent authorities in relation to the notification of a proposed acquisition of a qualifying holding in an investment firm | |||
| ITS 1: Standard forms, templates and procedures for cooperation arrangements (Commission Implementing Regulation (EU) 2017/988) | MiFID II Article 79(9) | ITS 1 published in the Official Journal | ||||
| ITS 2: Suspension and removal of financial instruments from trading on RM, a MTF or OTF (Commission Implementing Regulation (EU) 2017/1005) | MiFID II Article 32(3) and 52 (3) | ITS 2 published in the Official Journal | ||||
| ITS 3: Standard forms, templates and procedures for the authorisation of data reporting services providers (Commission Implementing Regulation (EU) 2017/1110 | MiFID II Article 61(5) | ITS 3 published in the Official Journal | ||||
| ITS 4: Position reporting (Commission Implementing Regulation (EU) 2017/1093) | MiFID II Article 58(5) | ITS 4 published in the Official Journal | ||||
| ITS 5: Format and timing of weekly position reports (Commission Implementing Regulation (EU) 2017/953) | MiFID II Article 58(7) | ITS 5 published in the Official Journal | ||||
| ITS 6: Standard forms, templates and procedures for competent authorities to cooperate in supervisory activities, on-site verifications and investigations and for the exchange of information (Commission Implementing Regulation (EU) 2017/980) | MiFID II Article 80(4) and 81(4) | ITS 6 published in the Official Journal | ||||
| ITS 7: standard forms, templates and procedures for the consultation of other competent authorities prior to granting an authorisation (Commission Implementing Regulation (EU) 2017/981) | MiFID II Article 84(4) | ITS 7 published in the Official Journal | ||||
| ITS 8: Procedures and forms for submitting information on sanctions and measures (Commission Implementing Regulation (EU) 2017/1111) | MiFID II Article 71(7) | ITS 8 published in the Official Journal |
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