The European Securities and Markets Authority (ESMA) received a formal mandate from the European Commission (Commission) on 19 January 2017 seeking technical advice on the evaluation of certain elements of the Short Selling Regulation (SSR) that became applicable on 1 November 2012.

ESMA has now published a consultation paper on the evaluation of certain elements of SSR. The purpose of the consultation paper is to seek the views of market participants on the following three main elements of the Commission’s mandate:

• the scope and the functioning of the exemption for market making activities;
• the procedure for imposing a short term ban on short-selling in case of a significant fall in price of a financial instrument; and
• the transparency of net short positions, and the related reporting and disclosure requirements.

The deadline for comments on the consultation paper is 4 September 2017. ESMA expects to publish its final report to the Commission by 31 December 2017.

View ESMA consults on the evaluation of the Short Selling Regulation, 7 July 2017