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MiFID2 Regulations Guide



EU regulations and directives are somewhat interesting in the relaxed way they require ESMA to produce reams of detailed regulations and standards (often with deadlines).  ESMA has divided its workload into four parts;

 

3 Delegated acts which have now been completed
28 Technical standards (which include one implementing standard) covering most of the detailed rules, also completed.

8 Implementing standards have been completed.

8 Standards combining technical and implementing standards focusing on how the regulatory authorities need to cooperate of which two have been completed.

ESMA will have final rules in the review and authorisation process (sub regulations generally proceed to statue by a period for review and challenge by the EC and EP before adoption).  Whilst the lack of complete final regulations only
six months from the go live date is obviously a source of stress, it will get mitigated as in practice it is not ESMA or the EC who polices compliance it is national regulators who can recognise it will take a while to complete the compliance process.

 

 

 

Year

Code

Type

Sub Type

Group

ESMA
Code

Short Name

Parent

Referring Articles

Description

Size

URL

Long Title

2014

65

D

Parent

aTop

 

MiFID2

NA

NA

Main financial markets regulatory upgrade to the existing statues.

148

http://stevens-drc.com/wp-content/uploads/MF2/D_2014_65_MiFID_2.pdf

on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU

2014

600

R

Parent

aTop

 

MiFIR

NA

NA

The new areas for markets in financial instruments regulation.

65

http://stevens-drc.com/wp-content/uploads/MF2/R_2014_600_MiFIR.pdf

on markets in financial instruments and amending Regulation (EU) No 648/2012

2016

2022

R

Delegated Tech Std

bAuth

 

Registration of third country firms and format of client info.

600

46.7

Rules on the registration of third country firms with ESMA and the format of information such firms provide to EU clients.

3

http://stevens-drc.com/wp-content/uploads/MF2/R_2016_2022_MF2_Del_Tech_third_country_firms_client_info.pdf

 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council with regard to regulatory technical standards concerning the information for registration of third- country firms and the format of information to be provided to the clients

2017

586

R

Delegated Tech Std

bAuth

 

CA co-operation

65

80.6

Rules on co-operation between CAs

5

http://stevens-drc.com/wp-content/uploads/MF2/ R_2017_586_MF2_Del_Tech_CA_exchange_coop.pdf

 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards for the exchange of information between competent authorities when cooperating in supervisory activities, on-the-spot verifications and investigations

2017

2018

R

Delegated Tech Std

bAuth

 

Service communication templates

65

34.8, 35.11

Rules on the templates to be used so an investment firm can inform a third country EU regulator that it will be providing investment or ancillary services  in the regulator's country.

5

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_1018_MF2_RTS_Service_Notification.pdf

 supplementing Directive 2014/65/EU of the European Parliament and of the Council on markets in financial instruments with regard to regulatory technical standards specifying information to be notified by investment firms, market operators and credit institutions

2017

565

R

Delegated

Del

 

Organisational  and operational requirements for investment firms

65

2.3 2nd sub para of; 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

Subsidiary regulation for organisational requirement and operating requirements for investment firms.

83

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_565_MF2_Del_Organisational_and_operational.pdf

 supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive

2017

567

R

Delegated

Del

 

Transparency, portfolio

compression, supervision

600

2.2, 13.2, 15.5, 17.3, 19.2, 19.3, 31.4, 40.8, 41.8, 42.7, 45.10

Definition for liquid markets for shares and equivalent and data provision rules and systematic internaliser rules

27

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_567_MF2_Del_transparency_compression_supervisory.pdf

 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council with regard to definitions, transparency, portfolio compression and supervisory measures on product intervention and positions

2017

593

D

Delegated

Del

 

Client funds, product governance, fees, commissions

65

16.12, 24.13

Subsidiary directive

18

http://stevens-drc.com/wp-content/uploads/MF2/D_2017_593_MF2_Del_client_funds_product_gov_fees_commissions.pdf

 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to safeguarding of financial instruments and funds belonging to clients, product governance obligations and the rules applicable to the provision or reception of fees, commissions or any monetary or non-monetary benefits

2017

953

R

Implementing
Tech Std

ITS

 

Position reports by trading venues and investment firms

65

58.7

Rules for weekly reporting applicable commodity positions.

2

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_953_MF2_Impl_Tech_position_reports.pdf

 laying down implementing technical standards with regard to the format and the timing of position reports by investment firms and market operators of trading venues pursuant to Directive 2014/65/EU of the European Parliament and of the Council on markets in financial instruments

2017

980

R

Implementing
Tech Std

ITS

 

Templates for investigations

65

80.4, 81.4

Rules on the templates to be used to assist cooperation between regulators for inspections and investigations

13

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_980_MF2_ITS_investigation_templates.pdf

laying down implementing technical standards with regard to 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

2017

981

R

Implementing Tech Std

ITS

 

Templates for consultation before granting authorisation

65

84.4

Rules defining the format and procedure for regulators to consult with each other before giving authorisation to investment firms.

8

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_981_Imp_Tech_consultation_templates_auth.pdf

 laying down implementing technical standards with regard to standard forms, templates and procedures for the consultation of other competent authorities prior to granting an authorisation in accordance with Directive 2014/65/EU of the European Parliament and of the Council

2017

988

R

Implementing
Tech Std

ITS

 

Templates for significant trading venues

65

79.9

Rules on the templates for cooperation between regulators on trading venues that are of significant importance based in different countries

16

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_988_MF2_ITS_templates_sig_TVs.pdf

laying down implementing technical standards with regard to 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

2017

1005

R

Implementing
Tech Std

ITS

 

Suspension communication templates

65

32.3, 52.3

Rules on the communication by trading venues and regulators governing the suspension and removal of financial instruments and any derivatives based on them from trading so that different venues can quickly coordinate the suspension or removal.  The communication has needs to be on the relevant official website and also in a machine readable format specified in the annex.

8

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_1005_MF2_ITS_Templates_suspension.pdf

 laying down implementing technical standards with regard to the format and timing of the communications and the publication of the suspension and removal of financial instruments pursuant to Directive 2014/65/EU of the European Parliament and of the Council on markets in financial instruments

2017

1093

R

Implementing
Tech Std

ITS

 

Position report  templates

65

58.5

Rules defining the format of the weekly reports that trading venues and investment firms and daily reports that investment firms must supply to their regulators on commodity derivative, emission allowances and their derivatives on proprietary and client positions. The format is XML with all the fields specified in the annexes.

11

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_1093_MF2_ITS_posn_rept_format.pdf

 laying down implementing technical standards with regard to the format of position reports by investment firms and market operators

2017

1110

R

Implementing
Tech Std

ITS

 

Data reporting services authorisation templates

65

61.5

Rules on the format of the forms for an organisation to apply for authorisation as a data reporting service as either an APA, CTP, ARM and details of their management body.

 

11

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_1110_MF2_ITS_DRS_auth.pdf

 laying down implementing technical standards with regard to the standard forms, templates and procedures for the authorisation of data reporting services providers and related notifications pursuant to Directive 2014/65/EU of the European Parliament and of the Council on markets in financial instruments

2017

1111

R

Implementing
Tech Std

ITS

 

Sanctions and measures ESMA reporting templates

65

71.7

Rules on regulators reporting to ESMA of sanctions and measures applied within 10 days for both administrative and criminal sanctions as well as annual reports to ESMA.  Both ESMA and the CAs are required to set up points of contact to facilitate the communication.

8

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_1111_MF2_ITS_sanction_reporting.pdf

 laying down implementing technical standards with regard to procedures and forms for submitting information on sanctions and measures in accordance with Directive 2014/65/EU of the European Parliament and of the Council

2016

824

R

Implementing
Tech Std

TS1

RTS 19

MTFs and OTFs

65

18.11 sub para 3

Rules on functioning and format of MTFs and OTFs

7

http://stevens-drc.com/wp-content/uploads/MF2/R_2016_824_Impl_Tech_MTF_OTF.pdf

 laying down implementing technical standards with regard to the content and format of the description of the functioning of multilateral trading facilities and organised trading facilities and the notification to the European Securities and Markets Authority according to Directive 2014/65/EU of the European Parliament and of the Council on markets in financial instruments

2016

2020

R

Delegated Tech Std

TS1

RTS 4

Derivative trading from clearing obligation

600

32.6

Rules on derivatives subject to trading obligation

4

http://stevens-drc.com/wp-content/uploads/MF2/R_2016_2020_MF2_Del_Tech_Std_Clearing_Obligation.pdf

 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council on markets in financial instruments with regard to regulatory technical standards on criteria for determining whether derivatives subject to the clearing obligation should be subject to the trading obligation

2016

2021

R

Delegated Tech Std

TS1

RTS 16

Benchmarks

600

37.4a,b,c

Rules governing access to benchmarks.

5

http://stevens-drc.com/wp-content/uploads/MF2/R_2016_2021_MF_Del_Tech_benchmarks.pdf

 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council on markets in financial instruments with regard to regulatory technical standards on access in respect of benchmarks

2017

566

R

Delegated Tech Std

TS1

RTS 9

Unexecuted orders to trade ratio rules

65

48.12b

Rules to control unexecuted orders preventing disorderly trading conditions

6

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_566_MF2_Del_Tech_order_trans_ratio.pdf

 supplementing Directive 2014/65/EU of the European Parliament and of the Council on markets in financial instruments with regard to regulatory technical standards for the ratio of unexecuted orders to transactions in order to prevent disorderly trading conditions

2017

568

R

Delegated Tech Std

TS1

RTS 17

FI admission to RM

65

51.6 sub 3

Rules on the admission of Financial Instruments to Regulated Markets.

5

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_568_MF2_Del_Tech_regulated_markets_admission.pdf

 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards for the admission of financial instruments to trading on regulated markets

2017

569

R

Delegated Tech Std

TS1

RTS 18

Suspension and removal of FI

65

32.2 sub 10, 52.2 sub 10

Rules on the suspension and removal of Financial Instruments.

2

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_569_MF2_Del_Tech_suspension_removal_FI.pdf

 

 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards for the suspension and removal of financial instruments from trading

2017

570

R

Delegated Tech Std

TS1

RTS 12

Material markets for temporary halts in trading

65

48.12e

Rules to determine a material market for liquidity in respect of temporary halts to trading

2

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_570_MF2_Del_Tech_liquid_trading_halt.pdf

 supplementing Directive 2014/65/EU of the European Parliament and of the Council on markets in financial instruments with regard to regulatory technical standards for the determination of a material market in terms of liquidity in relation to notifications of a temporary halt in trading

2017

571

R

Delegated Tech Std

TS1

RTS 13

Data reporting service providers

65

61.4, 64.6, 64.8, 86.6, 85.8, 66.5

Rules for authorisation, organisation of data reporting service providers

16

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_571_MF2_Del_Tech_data_reporting.pdf

 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards on the authorisation, organisational requirements and the publication of transactions for data reporting services providers

2017

572

R

Delegated Tech Std

TS1

RTS 14

Pre and post trade data disaggregation

600

12.2

Rules to ensure data providers disaggregate pre and post trade data they sell.

3

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_572_MF2_Del_Tech_prepost_data_disaggregation.pdf

 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council with regard to regulatory technical standards on the specification of the offering of pre-and post-trade data and the level of disaggregation of data

2017

573

R

Delegated Tech Std

TS1

RTS 10

Co-location fee structures

65

48.12d

Rules to ensure that co-location arrangements and fees are fair.

3

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_573_MF2_Del_Tech_co_location.pdf

 supplementing Directive 2014/65/EU of the European Parliament and of the Council on markets in financial instruments with regard to regulatory technical standards on requirements to ensure fair and non-discriminatory co-location services and fee structures

2017

574

R

Delegated Tech Std

TS1

RTS 25

Clock synchronisation

65

50.2 sub 3

Rules for synchronisation of clocks for trading venues and their members and participants.  More detail here.

4

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_574_MF2_Del_Tech_Clock_synch.pdf

 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards for the level of accuracy of business clocks

2017

575

R

Delegated Tech Std

TS1

RTS 27

Data to be published by execution venues on execution quality

65

27.10 sub 1.a

Rules to cover the publication by execution venues of the quality of the execution.

14

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_575_MF2_Del_Tech_quality_of_execution.pdf

 supplementing Directive 2014/65/EU of the European Parliament and of the Council on markets in financial instruments with regard to regulatory technical standards concerning the data to be published by execution venues on the quality of execution of transactions

2017

576

R

Delegated Tech Std

TS1

RTS 28

Execution venue identity

65

27.10 sub 1.b

Rules quality of execution on annual publication by investment firms of execution venues and.

8

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_576_MF2_Del_Tech_ex_venue_identity.pdf

 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards for the annual publication by investment firms of information on the identity of execution venues and on the quality of execution

2017

577

R

Delegated Tech Std

TS1

RTS 3

Volume Cap mechanism

600

5.9, 22.4

Details of data rules to permit the calculation of the vol cap mechanism

9

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_577_MF_Del_Tech_Vol_Cap.pdf

 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council on markets in financial instruments with regard to regulatory technical standards on the volume cap mechanism and the provision of information for the purposes of transparency and other calculations

2017

578

R

Delegated Tech Std

TS1

RTS 8

Market making schemes and arrangements

65

17.7a,b,c, 48.12a,f

Rules on trading venues and market making agreements and schemes

6

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_578_MF2_Del_Tech_MM_agreements.pdf

 supplementing Directive 2014/65/EU of the European Parliament and of the Council on markets in financial instruments with regard to regulatory technical standards specifying the requirements on market making agreements and schemes

2017

579

R

Delegated Tech Std

TS1

RTS 5

Derivatives impact and evasion prevention

600

28.5

Rules on non-EU derivatives deemed to have a material impact on EU.

4

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_579_impact_derivs_evasion_prevention.pdf

 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council on markets in financial instruments with regard to regulatory technical standards on the direct, substantial and foreseeable effect of derivative contracts within the Union and the prevention of the evasion of rules and obligations

2017

580

R

Delegated Tech Std

TS1

RTS 24

Order data retention

600

25.3 sub 4

Rules on the retention of order data by trading venues

19

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_580_MF2_Del_Tech_order_data.pdf

 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council with regard to regulatory technical standards for the maintenance of relevant data relating to orders in financial instruments

2017

581

R

Delegated Tech Std

TS1

RTS 15

Trading venue and CCP access

600

35.6, 36.6

Rules to ensure trading venues get connected to CCPs and vice versa.

12

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_581_MF2_Del_Tech_access_TVs_CCPs.pdf

 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council with regard to regulatory technical standards on clearing access in respect of trading venues and central counterparties

2017

582

R

Delegated Tech Std

TS1

RTS 26

Derivative clearing obligation

600

29.3

Rules for derivatives traded on a trading venue to be submitted for clearing.

5

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_582_MF2_Del_Tech_deriv_clearing.pdf

 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council with regard to regulatory technical standards specifying the obligation to clear derivatives traded on regulated markets and timing of acceptance for clearing

2017

583

R

Delegated Tech Std

TS1

RTS 2

Transparency for bonds etc

600

1.8, 9.5, 11.4, 21.5, 22.4

Pre and post trade transparency rules for non-equity-like instruments, emission allowances and derivatives for trading venues and systematic internalisers.  Rules for the calculation of liquidity and SSTI and LIS measures for waivers from disclosure or orders, quotes, expressions of interest and executed trades.  More detail here

121

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_583_MF2_Del_Tech_transparency_bonds.pdf

 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council on markets in financial instruments with regard to regulatory technical standards on transparency requirements for trading venues and investment firms in respect of bonds, structured finance products, emission allowances and derivatives

2017

584

R

Delegated Tech Std

TS1

RTS 7

Organisation for trading venues

65

48.12a, c, g

Rules on organisational requirements for trading venues

18

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_584_MF2_Del_Tech_Trading_Venues.pdf

 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards specifying organisational requirements of trading venues

2017

585

R

Delegated Tech Std

TS1

 

Instrument reference data standards

600

27.3 sub 3

Rule on the data standards and formats of financial instrument reference data to CAs and ESMA

14

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_585_MF2_Del_Tech_instrument_ref_data.pdf

 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council with regard to regulatory technical standards for the data standards and formats for financial instrument reference data and technical measures in relation to arrangements to be made by the European Securities and Markets Authority and competent authorities

2017

587

R

Delegated
Tech Std

TS1

RTS 1

Transparency for trading venues and systematic internalisers for share and similar instruments.

600

4.6, 7.2, 14.7, 20.3, 22.4, 23.3

Pre and post trade transparency rules for equity like instruments for trading venues and systematic internalisers, detailing when orders do not need to be made public and when executed trade publication may be deferred.  More detail here

24

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_587_MF2_Del_Tech_stds_equity_transparency.pdf

 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council on markets in financial instruments with regard to regulatory technical standards on transparency requirements for trading venues and investment firms in respect of shares, depositary receipts, exchange-traded funds, certificates and other similar financial instruments and on transaction execution obligations in respect of certain shares on a trading venue or by a systematic internaliser

                             

2017

588

R

Delegated Tech Std

TS1

RTS 11

Tick sizes for equity like instruments

65

49.3, 49.4

Rules to determine the correct tick size for equity like instruments

6

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_588_MF2_Del_Tech_Tick_Sizes.pdf

 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards on the tick size regime for shares, depositary receipts and exchange-traded funds

2017

589

R

Delegated Tech Std

TS1

RTS 6

Organisation for Algo trading firms

65

17.7a, d

Rules on organisational requirements for investment firms engaged in algorithmic trading

32

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_589_MF2_Del_Tech_Algo.pdf

 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards specifying the organisational requirements of investment firms engaged in algorithmic trading

2017

590

R

Delegated Tech Std

TS1

RTS 22

Trade reporting

600

26.9 sub 3

Rules on the reporting of transactions to CAs

30

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_590_MF2_del_Tech_trade_reporting.pdf

 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council with regard to regulatory technical standards for the reporting of transactions to competent authorities

2017

591

R

Delegated Tech Std

TS1

RTS 21

Commodity position limits

65

57.3, 57.12

Rules for the application of commodity position limits.

13

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_591_MF2_Del_Tech_commod_position_limits.pdf

 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards for the application of position limits to commodity derivatives

2017

592

R

Delegated Tech Std

TS1

RTS 20

Ancillary business

65

2.4

Rules to determine when an activity is ancillary to a firms main business.

8

http://stevens-drc.com/wp-content/uploads/MF2/R_2017_592_MF2_Del_Tech_ancillary_business.pdf

 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards for the criteria to establish when an activity is considered to be ancillary to the main business

2018

 

 

 

zzb

 

45 rules

 

 

 

 

 

 

 

© Greg Stevens 2017

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