contents table Lexparency.org
Markets in Financial Instruments Directive II (MiFID II)
Article 64

Article 64 — Organisational requirements

  1. The home Member State shall require an APA to have adequate policies and arrangements in place to make public the information required under Articles 20 and 21 of Regulation (EU) No 600/2014 as close to real time as is technically possible, on a reasonable commercial basis. The information shall be made available free of charge 15 minutes after the APA has published it. The home Member State shall require the APA to be able to efficiently and consistently disseminate such information in a way that ensures fast access to the information, on a non-discriminatory basis and in a format that facilitates the consolidation of the information with similar data from other sources.
  2. The information made public by an APA in accordance with paragraph 1 shall include, at least, the following details:
    1. the identifier of the financial instrument;
    2. the price at which the transaction was concluded;
    3. the volume of the transaction;
    4. the time of the transaction;
    5. the time the transaction was reported;
    6. the price notation of the transaction;
    7. the code for the trading venue the transaction was executed on, or where the transaction was executed via a systematic internaliser the code SI or otherwise the code ‘OTC’;
    8. if applicable, an indicator that the transaction was subject to specific conditions.
  3. The home Member State shall require the APA to operate and maintain effective administrative arrangements designed to prevent conflicts of interest with its clients. In particular, an APA who is also a market operator or investment firm shall treat all information collected in a non-discriminatory fashion and shall operate and maintain appropriate arrangements to separate different business functions.
  4. The home Member State shall require the APA to have sound security mechanisms in place designed to guarantee the security of the means of transfer of information, minimise the risk of data corruption and unauthorised access and to prevent information leakage before publication. The APA shall maintain adequate resources and have back-up facilities in place in order to offer and maintain its services at all times.
  5. The home Member State shall require the APA to have systems in place that can effectively check trade reports for completeness, identify omissions and obvious errors and request re-transmission of any such erroneous reports.
  6. ESMA shall develop draft regulatory technical standards to determine common formats, data standards and technical arrangements facilitating the consolidation of information as referred to in paragraph 1.

    ESMA shall submit the draft regulatory technical standards referred to in the first subparagraph to the Commission by 3 July 2015.

    Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.

  7. The Commission shall be empowered to adopt delegated acts in accordance with Article 89 clarifying what constitutes a reasonable commercial basis to make information public as referred to in paragraph 1 of this Article.
  8. ESMA shall develop draft regulatory technical standards specifying:
    1. the means by which an APA may comply with the information obligation referred to in paragraph 1;
    2. the content of the information published under paragraph 1, including at least the information referred to in paragraph 2 in such a way as to enable the publication of information required under Article 64;
    3. the concrete organisational requirements laid down in paragraphs 3, 4 and 5.

    ESMA shall submit those draft regulatory technical standards to the Commission by 3 July 2015.

    Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.