ESMA Publishes Further Draft ITS Under MiFID II

On December 11, 2015, the European Securities and Markets Authority (ESMA) submitted to the European Commission its final report (ESMA/2015/1858) on draft implementing technical standards (ITS) under the MiFID II Directive (2014/65/EU) and the Markets in Financial Instruments Regulation (Regulation 600/2014) (MiFIR). The Commission has three months in which to decide whether to endorse the draft ITS.

The eight draft ITS relate to the following areas:

  1. 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.
  2. Format and timing of communications relating to the suspension and removal of financial instruments from trading on a regulated market (RM), a multilateral trading facility (MTF) or an organized trading facility (OTF).
  3. Standard forms, templates and procedures for the authorization of data reporting services providers.
  4. Position reporting.
  5. Format and timing of weekly position reports.
  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.
  7. Standard forms, templates and procedures for the consultation of other competent authorities before granting an authorization.
  8. Procedures and forms for submitting information on sanctions and measures.