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Commission Delegated Regulation (EU) 2018/63 of 26 September 2017 amending Delegated Regulation (EU) 2017/571 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 (Text with EEA relevance)
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Delegated Regulation (EU) 2017/571 is amended as follows:
the following Article 15a is inserted:
1.A CTP shall include in its electronic data stream the data of one or more of the following asset classes:
(a)bonds, excluding exchange traded commodities (ETCs) and exchange traded notes (ETNs);
(b)ETC and ETNs bond types;
(c)structured finance products;
(d)securitised derivatives;
(e)interest rate derivatives;
(f)foreign exchange derivatives;
(g)equity derivatives;
(h)commodity derivatives;
(i)credit derivatives;
(j)contracts for differences;
(k)C10 derivatives;
(l)emission allowance derivatives;
(m)emission allowances.
2.A CTP shall include in its electronic data stream the data made public pursuant to Articles 10 and 21 of Regulation (EU) No 600/2014 that meet both of the following coverage ratios:
(a)the number of transactions published by a CTP in an asset class listed in paragraph 1 represents at least 80 % of the total number of transactions in the relevant asset class published in the Union by all APAs and all trading venues during the assessment period referred to in paragraph 3;
(b)the volume of transactions published by a CTP in an asset class listed in paragraph 1 represents at least 80 % of the total volume of transactions in the relevant asset class published in the Union by all APAs and all trading venues during the assessment period referred to in paragraph 3.
For the purposes of point (b), the volume of transactions shall be determined in accordance with the measure of volume specified in Table 4 of Annex II to Commission Delegated Regulation (EU) 2017/583(1).
3.A CTP shall assess the coverage ratios set out in paragraph 2 every six months, based on data covering the preceding 6 months. The assessment periods shall start on 1 January and 1 July each year. The first period shall cover the first six months of the year 2019.
4.A CTP shall ensure that it reaches the minimum coverage ratios set out in paragraph 2 as soon as possible, and in any case not later than:
(a)31 January of the calendar year following the period covering 1 January to 30 June;
(b)31 July of the calendar year following the period covering 1 July to 31 December.’;
Article 21 is replaced by the following:
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
It shall apply from 3 January 2018.
However, Article 15a(4) shall apply from 1 January 2019 and Articles 14(2), 15(1), (2) and (3), and 20(b) shall apply from 3 September 2019.’
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 26 September 2017.
For the Commission
The President
Jean-Claude Juncker
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