CHAPTER IIACCEPTED MARKET PRACTICES

SECTION 3 Procedures

Article 10Notification when intending to establish an accepted market practice

1.

Competent authorities shall notify, in accordance with Article 13(3) of Regulation (EU) No 596/2014, their intention to establish an AMP by post or e-mail to ESMA and to the other competent authorities simultaneously, using a pre-identified list of contact points to be set-up and regularly maintained by competent authorities and ESMA.

2.

The notification referred to in paragraph 1 shall include the following elements:

(a)

a statement of the intention to establish an AMP, including the expected date of establishment;

(b)

the identification of the notifying competent authority and the contact details of the contact person(s) within that competent authority (name, professional telephone number and e-mail address, title);

(c)

a detailed description of the market practice including:

  1. (i)

    the identification of the types of financial instrument and trading venues on which the AMP will be performed;

  2. (ii)

    the types of persons who can perform the AMP;

  3. (iii)

    the type of beneficiaries;

  4. (iv)

    the indication of whether the market practice can be performed for a determined period of time and of any situations or conditions leading to a temporary interruption, suspension or termination of the practice;

(d)

the reason for which the practice could constitute market manipulation under Article 12 of Regulation (EU) No 596/2014;

(e)

the details of the assessment made according to Article 13(2) of Regulation (EU) No 596/2014.

3.

The notification referred to in paragraph 1 shall include the table for assessing a proposed market practice using the template in the Annex.