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Commission Delegated Regulation (EU) 2017/392 of 11 November 2016 supplementing Regulation (EU) No 909/2014 of the European Parliament and of the Council with regard to regulatory technical standards on authorisation, supervisory and operational requirements for central securities depositories (Text with EEA relevance)
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Commission Delegated Regulation (EU) 2017/392, Article 42 is up to date with all changes known to be in force on or before 03 February 2026. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.![]()
EUR 2017 No. 392 may be subject to amendment by EU Exit Instruments made by the Bank of England under powers set out in The Financial Regulators' Powers (Technical Standards etc.) (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1115), regs. 2, 3, Sch. Pt. 3. These amendments are not currently available on legislation.gov.uk. Details of relevant amending instruments can be found on their website/s.
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1.For each review period, the CSD shall provide the competent authority with the following statistical data:
(a)a list of the participants of each securities settlement system operated by the CSD, specifying their country of incorporation;
(b)a list of issuers and a list of securities issues recorded in securities accounts centrally and not centrally maintained in each securities settlement system operated by the CSD, specifying the country of incorporation of the issuers and the identification of the issuers to whom the CSD provides the services referred to in points (1) and (2) of Section A of the Annex to Regulation (EU) No 909/2014;
(c)the total market value and nominal value of the securities recorded in securities accounts centrally and not centrally maintained in each securities settlement system operated by the CSD;
(d)the nominal and market value of the securities referred to in point (c) specified as follows:
by each of the following types of financial instruments:
transferable securities referred to in point (a) of Article 4(1)(44) of Directive 2014/65/EU,
sovereign debt referred to in Article 4(1)(61) of Directive 2014/65/EU,
transferable securities referred to in point (b) of Article 4(1)(44) of Directive 2014/65/EU, other than sovereign debt referred to in Article 4(1)(61) of Directive 2014/65/EU,
transferable securities referred to in point (c) of Article 4(1)(44) of Directive 2014/65/EU,
exchange-traded funds as defined in point (46) of Article 4(1) of Directive 2014/65/UE (ETF),
units in collective investment undertakings, other than ETFs,
money-market instruments, other than sovereign debt referred to in Article 4(1)(61) of Directive 2014/65/EU,
emission allowances,
other financial instruments;
by country of incorporation of the participant;
by country of incorporation of the issuer;
(e)the nominal and market value of the securities initially recorded in each securities settlement system operated by the CSD;
(f)the nominal and market value of the securities referred to in point (e) specified as follows:
by types of financial instruments referred to in point (d)(i);
by country of incorporation of the participant;
by country of incorporation of the issuer;
(g)the total number and the values of the settlement instructions against payment and the total number and the values of the free of payment (FOP) settlement instructions settled in each securities settlement system operated by the CSD;
(h)the total number and the values of the settlement instructions categorised as follows:
by types of financial instruments referred to in point (d)(i);
by country of the incorporation of the participant;
by country of incorporation of the issuer;
by settlement currency;
by type of settlement instructions, as follows:
a free of payment (FOP) settlement instructions that consist of deliver free of payment (DFP) and receive free of payment (RFP) settlement instructions,
delivery versus payment (DVP) and receive versus payment (RVP) settlement instructions,
delivery with payment (DWP) and receive with payment (RWP) settlement instructions,
payment free of delivery (PFOD) settlement instructions;
for settlement instructions against payment, by whether the cash leg is settled in accordance with Article 40(1) of Regulation (EU) No 909/2014 or in accordance with Article 40(2) of Regulation (EU) No 909/2014;
(i)the number and value of buy-in transactions referred to in Article 7(3) of Regulation (EU) No 909/2014;
(j)the number and amount of penalties referred to in Article 7(2) of Regulation (EU) No 909/2014 per participant;
(k)the total value of securities borrowing and lending operations processed by the CSD acting as an agent or as principal for each type of financial instruments referred to in point (d)(i);
(l)the total value of settlement instructions settled via each CSD link, specifying whether the CSD is the requesting CSD or the receiving CSD;
(m)the value of guarantees and commitments received or provided by the CSD related to securities borrowing and lending operations;
(n)the value of treasury activities involving foreign exchange and transferable securities related to managing participants' long balances including categories of institutions whose long balances are managed by the CSD;
(o)the number of reconciliation processes revealing undue creations or deletions of securities as referred to in Article 65(2) where those processes concern securities issues recorded in securities accounts centrally and not centrally maintained by the CSD;
(p)the mean, median, and mode for the length of time taken to remedy the error identified according to Article 65(2).
The values referred to in points (g), (h) and (l) of subparagraph 1 shall be calculated as follows:
(a)in the case of settlement instructions against payment, the settlement amount of the cash leg;
(b)in the case of FOP settlement instructions, the market value of the financial instruments or, where not available, the nominal value of the financial instruments.
2.The market value referred to in paragraph 1 shall be calculated on the last day of the review period as follows:
(a)for financial instruments referred to in Article 3(1) of Regulation (EU) No 600/2014 of the European Parliament and of the Council(1) admitted to trading on a trading venue within the Union, the market value shall be the closing price of the most relevant market in terms of liquidity referred to in Article 4(6)(b) of that Regulation;
(b)for financial instruments admitted to trading on a trading venue within the Union other than those referred to in point (a), the market value shall be the closing price derived from the trading venue within the Union with the highest turnover;
(c)for financial instruments other than those referred to in points (a) and (b) the market value shall be determined on the basis of a price calculated using a pre-determined methodology that refers to criteria related to market data, such as market prices available across trading venues or investment firms.
3.The CSD shall provide the values referred to in paragraph 1 in the currency in which the securities are denominated, settled or in which credit is extended. The competent authority may request the CSD to provide these values in the currency of the home Member State of the CSD or in euro.
4.For the purposes of statistical reporting by a CSD, the competent authority may determine algorithms or principles for data aggregation.
Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (OJ L 173, 12.6.2014, p. 84).
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