Article 22 Providing information for the purposes of transparency and other calculations

1. In order to carry out calculations for determining the requirements for the pre- and post-trade transparency and the trading obligation regimes referred to in Articles 3 to 11a, 14 to 21 and 32 which are applicable to financial instruments, and in order to prepare reports to the Commission in accordance with Article 4(4), Article 7(1), Article 9(2), Article 11(3) and Article 11a(1), ESMA and competent authorities may require information from: 

(a) trading venues;

(b) APAs; and

(c) CTPs.

2. Trading venues, APAs and CTPs shall store the necessary data for a sufficient period.

3. ESMA shall develop draft regulatory technical standards to specify the content and frequency of data requests and the formats and the timeframe in which trading  venues,  APAs and CTPs  are  to  respond to data requests referred to in paragraph 1, the type of data that is to be stored, and the minimum period for which trading venues, APAs and CTPs are to store data in order to be able to respond to data requests in accordance with paragraph 2.

Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first sub­ paragraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010. 

Explanatory note regarding MiFIR Review and Transition:

Amendments to Article 22 will apply when the revised version of Commission Delegated Regulation (EU) 2017/577 (RTS 3) starts applying, with the data required to perform the calculations specified the revised versions of Commission Delegated Regulation (EU) 2017/587 (RTS 1) and of Commission Delegated Regulation (EU) 2017/583 (RTS 2).

Till such date, in respect of reporting by investment firms: 

  • Article 22 of MiFIR of the consolidated version of 09/01/2024 applies; 
  • The current version of Commission Delegated Regulation (EU) 2017/587 (RTS 1) applies;
  • The current version of Commission Delegated Regulation (EU) 2017/583 (RTS 2) applies;
  • The current version of Commission Delegated Regulation (EU) 2017/577 (RTS 3) applies.