The European Securities and Markets Authority (ESMA) has published a final report on draft implementing technical standards (ITS) under the Markets in Financial Instruments Directive II (MiFID II).
The final draft ITS follow ESMA’s final draft regulatory technical standards (RTS) in September 2015. The RTS and ITS were consulted on in a discussion paper published in May 2014 and two consultation papers published in December 2014 and February 2015.
The final report contains ITS from the following areas:
- standard forms, templates and procedures for cooperation arrangements in respect of a trading venue whose operations are of substantial importance in a host Member State [ITS 1];
- format and timing of the communications and the publication regarding the suspension and removal of financial instruments from trading on a regulated market, a multilateral trading facility or an organised trading facility [ITS 2];
- standard forms, templates and procedures for the authorisation of data reporting services providers [ITS 3];
- position reporting (Article 58(5) MiFID II) [ITS 4];
- format and timing of weekly position reports (Article 58(7) MiFID II) [ITS 5];
- standard forms, templates and procedures for Member State competent authorities to cooperate in supervisory activities, on-site verifications, and investigations and for the exchange of information [ITS 6];
- standard forms, templates and procedures for the consultation of other Member State competent authorities prior to granting authorisation [ITS 7]; and
- procedures and forms for submitting information on sanctions and measures [ITS 8].
The final draft ITS have been submitted to the European Commission. The Commission has three months (this period can be extended by one additional month) to decide whether to endorse the technical standards.
View ESMA issues standards on reporting, cooperation and suspensions under MiFID II, 11 December 2015