Activities of Herbert REUL related to 2011/0296(COD)
Shadow opinions (1)
OPINION on the proposal for a regulation of the European Parliament and of the Council on markets in financial instruments and amending Regulation [EMIR] on OTC derivatives, central counterparties and trade repositories
Amendments (7)
Amendment 1 #
Proposal for a regulation
Article 7 – paragraph 1
Article 7 – paragraph 1
1. Regulated markets and investment firms and market operators operating an MTF or an OTF based on the trading system operated shall make public prices and the depth of trading interests at those prices for orders or quotes advertised through their systems for bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published, emission allowances and for derivatives admitted to trading or which are traded on an MTF or an OTFwhich are subject to the trading obligations as referred to in Article 24. This requirement shall also apply to actionable indications of interests. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make this information available to the public on a continuous basis during normal trading hours. This publication obligation does not apply to derivative transactions of non-financial counterparties which reduce the objectively measurable risks that are directly related to the business activity or the business financing of this counterparty.
Amendment 2 #
Proposal for a regulation
Article 9 – paragraph 1
Article 9 – paragraph 1
1. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make public the price, volume and time of the transactions executed in respect of bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published, emission allowances and for derivatives admitted to trading or which are traded on an MTF or an OTFwhich are subject to the trading obligations as referred to in Article 24. Regulated markets and investment firms and market operators operating an MTF or an OTF shall make details of all such transactions public as close to real-time as is technically possible. This publication obligation does not apply to derivative transactions of non-financial counterparties which reduce the objectively measurable risks that are directly related to the business activity or the business financing of this counterparty.
Amendment 3 #
Proposal for a regulation
Article 17 – paragraph 1 – introductory part
Article 17 – paragraph 1 – introductory part
1. Systematic internalisers shall provide firm quotes in bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published, emission allowances and derivatives which are clearing-eligible or are admitted to trading onsubject to the trading obligations as regulated market or are traded on an MTF or an OTFferred to in Article 24 when the following conditions are fulfilled:
Amendment 4 #
Proposal for a regulation
Article 17 – paragraph 5 – subparagraph 1 a (new)
Article 17 – paragraph 5 – subparagraph 1 a (new)
This publication obligation does not apply to such derivative transactions of non- financial counterparties which reduce the objectively measurable risks that are directly related to the business activity or the business financing of this counterparty.
Amendment 5 #
Proposal for a regulation
Article 20 – paragraph 1
Article 20 – paragraph 1
1. Investment firms which, either on own account or on behalf of clients, conclude transactions in bonds and structured finance products admitted to trading on a regulated market or for which a prospectus has been published, emission allowances and derivatives which are clearing-eligible or are reported to trade repositories in accordance with Article [6] of Regulation [EMIR] or are admitted to trading subject to the trading obligations as regulated market or are traded on an MTF or an OTFferred to in Article 24 shall make public the volume and price of those transactions and the time at which they were concluded. This information shall be made public through an APA. This publication obligation does not apply to such derivative transactions of non- financial counterparties which reduce the objectively measurable risks that are directly related to the business activity or the business financing of this counterparty.
Amendment 6 #
Proposal for a regulation
Article 24 – paragraph 2 a (new)
Article 24 – paragraph 2 a (new)
2a. The trading obligation shall not apply to wholesale energy products which are subject to appropriate monitoring by the competent prudential-supervision authorities as defined in Regulation (EU) No 2011/1227 of the European Parliament and of the Council of 25 October 2011 on wholesale energy market integrity and transparency.
Amendment 9 #
Proposal for a regulation
Article 46 – paragraph 2 a (new)
Article 46 – paragraph 2 a (new)
2a. For persons whose main business consists of dealing on own account in commodities and/or commodity derivatives, the Regulation shall apply in full only from ...*. Where the persons that deal on own account in commodities and/or commodity derivatives are part of a group the main business of which is the provision of investment services under Directive 2004/39/EG or banking services under Directive 2000/12/EG, the Regulation shall apply in accordance with paragraph 2. __________ * OJ: Please enter date two years on from the date of entry into force of this regulation.