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Commission Delegated Regulation (EU) 2019/442Show full title
Commission Delegated Regulation (EU) 2019/442 of 12 December 2018 amending and correcting Delegated Regulation (EU) 2017/587 to specify the requirement for prices to reflect prevailing market conditions and to update and correct certain provisions (Text with EEA relevance)
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Article 1Amendments to Delegated Regulation (EU) 2017/587
Delegated Regulation (EU) 2017/587 is amended as follows:
(1)
in Article 2, point (h) is deleted;
(2)
in Article 6, point (h) is deleted;
(3)
Article 10 is replaced by the following:
‘Article 10Prices reflecting prevailing market conditions(Article 14(3) of Regulation (EU) No 600/2014)
The prices published by a systematic internaliser shall be deemed to reflect prevailing market conditions where they are close in price, at the time of publication, to quotes of equivalent sizes for the same financial instrument on the most relevant market in terms of liquidity as determined in accordance with Article 4 for that financial instrument.
However, the prices published by a systematic internaliser in respect of shares and depositary receipts shall be deemed to reflect prevailing market conditions only where those prices meet the requirements set out in the first paragraph of this Article and respect minimum price increments corresponding to the tick sizes specified in Article 2 of Commission Delegated Regulation (EU) No 2017/588(1).’
Article 2Corrections to Delegated Regulation (EU) 2017/587
Delegated Regulation (EU) 2017/587 is corrected as follows:
(1)
in Article 2, point (b) is replaced by the following:
‘(b)the transaction is part of a portfolio trade which includes five or more different shares.’;
(2)
in Article 3, paragraph 2 is replaced by the following:
‘2.The transparency requirements referred to in paragraph 1 shall also apply to any “actionable indication of interest” as defined in Article 2(1)(33) of Regulation (EU) No 600/2014 and pursuant to Article 3 of that Regulation.’;
(3)
in Article 11, paragraphs 4 and 5 are replaced by the following:
‘4.Before a share, depositary receipt, ETF, certificate or other similar financial instrument is traded for the first time on a trading venue in the Union, the competent authority shall estimate the average value of transactions for that financial instrument taking into account any previous trading history of that financial instrument and of other financial instruments that are considered to have similar characteristics, and ensure publication of that estimate;
5.The estimated average value of transactions laid down in paragraph 4 shall be used to determine the standard market size for a share, depositary receipt, ETF, certificate or other similar financial instrument during a six-week period following the date that the share, depositary receipt, ETF, certificate or other similar financial instrument was first admitted to trading or first traded on a trading venue.’;
(4)
in Article 17, paragraph 2 is replaced by the following:
‘2.Competent authorities, market operators and investment firms including investment firms operating a trading venue shall use the information published in accordance with paragraph 1 from 1 April of the year in which the information is published.’
Article 3Entry into force
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, 12 December 2018.
For the Commission
The President
Jean-Claude Juncker
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