ESMA_QA_1233
Topic
CSD questions - Organisational requirements (governance arrangements, record keeping, outsourcing, user committee)
14/12/2017
Subject Matter
Organisational requirements: Record keeping
Question
(a) When will the CSD record keeping requirements under CSDR and the related technical standards start applying?
(b) Can a CSD only validate the format of the data field for an LEI and not check that the LEI actually exists and that it belongs to the said entity?

Article 55(2)(a) of the RTS on CSD Requirements
Annex IV, Field 1 of Table 2 on Position (Stock) Records of the ITS on CSD Requirements

(c) Can a CSD refuse to complete field 16 of Table 2 (Types of securities account) on the basis that only the participant knows the usage?

Article 55(3)(b) of the RTS on CSD Requirement
Annex IV, Field 16 of Table 2 on Position (Stock) Records of the ITS on CSD Requirements
(d) What is the point in time where settlement instructions are considered as ‘failing settlement
instructions’?

(e) Should the record keeping requirements applying to the provision of ancillary services listed in the CSDR Annex also apply to the provision by a CSD of an ancillary service that is not precisely listed in the CSDR Annex?

(f) Under rules implementing Articles 22 and 29 of CSDR, CSDs must record the LEIs of the issuers pertaining to the financial instruments in respect of which CSDs provide notary or central maintenance services. What action should be taken by CSDs in order to obtain the LEIs of issuers?

(g) Which entities should be covered for the purpose of the records a CSD has to keep in relation to settlement banks as referred to in Article 54(2)(l) and Article 55(2)(g), (l) and (m) of the RTS on CSD Requirements?
Level 1 Regulation
Central Securities Depositories Regulation (CSDR) Regulation (EU) No 909/2014- PTR- CSDR
ESMA_QA_1712
Topic
* Transaction reporting
14/12/2017
Subject Matter
Transaction reporting
Question
Are transactions executed through non-EU branches of EU investment firms subject to transaction reporting under Article 26 of MiFIR?
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014- MDP
ESMA_QA_1711
Topic
* Transaction reporting
14/12/2017
Subject Matter
Transaction reporting
Question
(a) Where there is more than one level of underlying instrument which should be considered when determining whether an instrument is in scope for reporting under article 26(2)(b) and (c) of MIFIR?
(b) Does the concept of an underlying for the purposes of Article 26(2)(b) or (c) of MiFIR extend to investments in a collective investment undertaking or an exchange traded fund?
(c) What is the implication of Answer (b)?
(d) Does the concept of underlying extend to the instruments on which ADRs, GDRs are based for the purposes of Article 26(2)(b) of MIFIR ?
(e) What is the implication of Answer (d)?
(f) Does the concept of an underlying for the purposes of Article 26(2)(b) of MiFIR extend to convertible bonds, reverse convertible bonds and reverse convertible notes?
(g) What is the implication of Answer (f)?
(h) Does the concept of an underlying for the purposes of Article 26(2)(b) or (c) of MiFIR extend to warrants?
(i) What are the implications of Answer (h)?
Level 1 Regulation
Markets in Financial Instruments Regulation (MiFIR) Regulation (EU) No 600/2014- MDP
ESMA_QA_1751
Topic
Other MAR-related topics
14/12/2017
Subject Matter
Emission allowances market participants (EAMPs) - Time span for the calculation of the CO2 equivalent emissions and the rated thermal input
Question
What period should be used to calculate whether one of the thresholds set out in Article 17(2) of MAR has been exceeded? As of when is this threshold deemed to be crossed?
Level 1 Regulation
Market Abuse Regulation (MAR) Regulation (EU) No 596/2014 - Market Intergrity
ESMA_QA_1735
Topic
Managers' transactions
21/11/2017
Subject Matter
Types of transactions by PDMRs prohibited during closed periods
Question
Are the types of "transaction" by a PDMR prohibited during a closed period under Article 19(11) of MAR the same as those types of transaction subject to the notification requirements set out under Article 19(1) of MAR?
Level 1 Regulation
Market Abuse Regulation (MAR) Regulation (EU) No 596/2014 - Market Intergrity