ESMA_QA_1899

Status: ✅ Answer Published

Link to ESMA Q&A tool: https://www.esma.europa.eu/publications-data/questions-answers/1899


Regulatory Context

Regulation : SSR

Level 1 Regulation: Short Selling Regulation (SSR) Regulation (EU) No 236/2012

Level 2 Regulation: No information available

Level 3 Regulation: No information available

Topic: Transparency of net short positions

Subject Matter: Date and time of first notification and/or publication


Question

Submission Date: 13 September 2012

When and for which trading day must the first notification and/or publication pursuant to Articles 5 to 10 of the regulation be submitted?


ESMA Answer

Answer Date: 13-09-2012

[ESMA70-145-408 SSR Q&A, Q&A 5.1] The Regulation shall apply from 1 November 2012. The first notification or, as the case may be, disclosure relates to all net short positions existing or having arisen on 1 November 2012 unless it is not a trading day in the Member State of the financial instrument concerned. Therefore, in Member States where 1st of November 2012 is a trading day[1], net short positions should be notified not later than at 15:30h on 2 November 2012 and, to the extent they are subject to a publication requirement, also disclosed within such period. In Member States where 1st of November 2012 is not a trading day[2], the first net short positions to consider should be the ones held at the end of 2nd November 2012 (5 November for Hungary) and, where relevant, these net short positions should be notified not later than at 15.30 on 5 November 2012 (6 November for Hungary). To the extent they are subject to a publication requirement, they should also be disclosed within the same time period.

[1] Belgium, Bulgaria, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Iceland, Ireland, Italy, Latvia, Malta, the Netherlands, Portugal, Romania, Spain, Sweden, United Kingdom.

[2] Austria, Germany, Hungary, Lithuania, Luxembourg, Poland, Slovakia and Slovenia


This document was automatically extracted from the ESMA EMIR Q&A database.