ESMA Guidelines and Recommendations

ESMA proposes to amend draft MiFIR standard on transaction reporting

ESMA Guidelines and Recommendations

Date: 06 February 2016

On 4th May 2016, the European Securities and Markets Authority (ESMA) published a request for amending its draft Regulatory Technical Standards (RTS) on transaction reporting (RTS 22) under the Markets in Financial Instruments Regulation (MiFIR).

The RTS 22 were submitted to the Commission on 28 September 2015. ESMA acknowledges the need to amend RTS 22 due to an unintended omission in the final stage of drafting the RTS.

The amendment introduced by ESMA relates to the list of instances that are not considered to be reportable transactions for the purpose of Article 26 of MiFIR. In particular, the amendment ensures that investment firms do not submit transaction reports for transfers of collateral, which would be costly and bring no supervisory benefit.

The necessary amendment has been submitted to the European Commission (EC). ESMA anticipates that the amendment will be taken into account in the context of the EC’s endorsement of the draft RTS 22.

Please see here for a copy of the Final Report.