Commission Implementing Regulation (EU) 2022/1650 amending technical standards on main indices and recognised exchanges

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Commission Implementing Regulation (EU) 2022/1650 of 24 March 2022 amending the implementing technical standards laid down in Implementing Regulation (EU) 2016/1646 as regards the main indices and recognised exchanges in accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council (Text with EEA relevance)

Commission Implementing Regulation (EU) 2022/1650 of 24 March 2022 amending the implementing technical standards laid down in Implementing Regulation (EU) 2016/1646 as regards the main indices and recognised exchanges in accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council (Text with EEA relevance)

Commission Implementing Regulation (EU) 2022/1650 of 24 March 2022 amending the implementing technical standards laid down in Implementing Regulation (EU) 2016/1646 as regards the main indices and recognised exchanges in accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council (Text with EEA relevance)

C/2022/1725

OJ L 249, 27.9.2022, pp. 1–9 (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

In force

ELI: http://data.europa.eu/eli/reg_impl/2022/1650/oj

Official Journal

Language 1

Language 2

Language 3

27.9.2022

EN

Official Journal of the European Union

L 249/1

COMMISSION IMPLEMENTING REGULATION (EU) 2022/1650

of 24 March 2022

amending the implementing technical standards laid down in Implementing Regulation (EU) 2016/1646 as regards the main indices and recognised exchanges in accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 ( 1 ) , and in particular Article 197(8) thereof,

Whereas:

(1)

Commission Implementing Regulation (EU) 2016/1646 ( 2 ) was adopted on the premise that equity indices, to be considered as main indices for the purposes of Regulation (EU) No 575/2013 (and hence allowing institutions to use the equities composing these indices as eligible collateral) should mainly consist of equities that can reasonably be expected to be realisable when an institution needs to liquidate them. It was assumed that that would be the case when at least 90 % of the components of an index have a free float of at least EUR 500 000 000 or, in the absence of information about free float, a market capitalisation of at least EUR 1 000 000 000. That assumption remains unchanged.

(2)

Implementing Regulation (EU) 2016/1646 also specifies that institutions should also have the possibility to recognise as eligible collateral instruments included in main indices that do not meet the abovementioned criteria, but whose components are sufficiently traded, and considers new criteria for the identification of those indices. However, experience has demonstrated that those criteria, defined with respect to the market in which an index is based, are difficult to apply against a main index established in a third country, as they require collecting data for all the shares admitted to trading in that market. That difficulty has inhibited the proper achievement of the objective of Regulation (EU) No 575/2013 to ensure a minimum threshold of liquidity of the index components. It is therefore necessary to lay down new criteria that would address the identified shortcomings. Those new criteria should ensure the adequacy of the instruments as eligible collateral and hence, ensure a sufficient liquidity threshold independently from the market on which an index is based, where two conditions related to standard market liquidity indicators are fulfilled. The first condition should require that at least 80 % of the components of an index have a free float of at least EUR 25 000 000 or, in the absence of information about free float, a market capitalisation of at least EUR 50 000 000. The second condition should require that all components of the index having a market capitalisation smaller than or equal to EUR 10 000 000 000 have a minimum average daily turnover of EUR 500 000 and all components of the index having a market capitalisation greater than EUR 10 000 000 000 have a minimum average daily turnover of EUR 1 000 000. The average daily turnover should be calculated over the 12 months of the calendar year preceding the assessment, or where applicable, the period of the 12 months of the preceding calendar year during which the financial instrument was available for trading.

(3)

The definition of ‘recognised exchange’, laid down in Article 4(1), point (72), of Regulation (EU) No 575/2013, was most recently amended by Regulation (EU) 2019/2033 of the European Parliament and of the Council ( 3 ) . That amendment consisted of the addition, in point (a) of that point (72), of the words “or a third-country market that is considered to be equivalent to a regulated market in accordance with the procedure set out in point (a) of Article 25(4) of Directive 2014/65/EU of the European Parliament and of the Council”. Due to that amendment, ‘recognised exchanges’ are no longer restricted to ‘regulated markets’ only. That amendment should be reflected in Implementing Regulation (EU) 2016/1646 by including in that Regulation those exchanges for which the Commission has adopted an equivalence decision pursuant to Article 25(4), point (a), of Directive 2014/65/EU of the European Parliament and of the Council ( 4 ) .

(4)

Following the withdrawal of the United Kingdom from the Union pursuant to Article 50 of the Treaty on European Union, the Treaties have ceased to apply to the United Kingdom from 1 February 2020 and the United Kingdom is now a third country. At present, the Commission has not adopted an equivalence decision in accordance with Article 25(4), point (a), of Directive 2014/65/EU in respect of the United Kingdom. It is therefore necessary to exclude from the list of recognised exchanges those exchanges established in the United Kingdom.

(5)

Certain changes have occurred in the market structure since the entry into force of Implementing Regulation (EU) 2016/1646, particularly as regards the appearance of new exchanges, mergers, name changes or cessation of activities. Those changes should be reflected in Implementing Regulation (EU) 2016/1646.

(6)

Implementing Regulation (EU) 2016/1646 should therefore be amended accordingly.

(7)

This Regulation is based on the draft implementing technical standards submitted to the Commission by the European Securities and Markets Authority (ESMA).

(8)

ESMA has conducted open public consultation on the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits and has requested the advice of the Securities and Markets Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council ( 5 ) .

HAS ADOPTED THIS REGULATION:

Article 1

Amendments to Implementing Regulation (EU) 2016/1646

Implementing Regulation (EU) 2016/1646 is amended as follows:

(1)

Annex I to Implementing Regulation (EU) 2016/1646 is replaced by the text set out in Annex I to this Regulation.

(2)

Annex II to Implementing Regulation (EU) 2016/1646 is replaced by the text set out in Annex II to this Regulation.

Article 2

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 24 March 2022.

For the Commission

The President

Ursula VON DER LEYEN

( 1 )

OJ L 176, 27.6.2013, p. 1 .

( 2 ) Commission Implementing Regulation (EU) 2016/1646 of 13 September 2016 laying down implementing technical standards with regard to main indices and recognised exchanges in accordance with Regulation (EU) No 575/2013 of the European Parliament and of the Council on prudential requirements for credit institutions and investment firms ( OJ L 245, 14.9.2016, p. 5 ).

( 3 ) Regulation (EU) 2019/2033 of the European Parliament and of the Council of 27 November 2019 on the prudential requirements of investment firms and amending Regulations (EU) No 1093/2010, (EU) No 575/2013, (EU) No 600/2014 and (EU) No 806/2014 ( OJ L 314, 5.12.2019, p. 1 ).

( 4 ) Directive 2014/65/EU of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Directive 2002/92/EC and Directive 2011/61/EU ( OJ L 173, 12.6.2014, p. 349 ).

( 5 ) Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC ( OJ L 331, 15.12.2010, p. 84 ).

ANNEX I

MAIN INDICES SPECIFIED UNDER ARTICLE 197 OF REGULATION (EU) No 575/2013

Table 1

Equity indices

Index

Country/Area

Austrian Traded Index

Austria

BEL 20

Belgium

CETOP20

Central Europe

CNX 100

India

CSI 300 Index

China

EGX 30

Egypt

FTSE 350

UK

FTSE All World Europe

Europe

FTSE All-World Index

Global

FTSE MIB

Italy

FTSE Nasdaq Dubai UAE 20 Index

UAE

FTSE RAFI Emerging Index

Emerging markets

FTSE Straits Times Index

Singapore

FTSE/JSE Capped Top 40

South Africa

FTSE/JSE Industrial 25

South Africa

Hang Seng Mainland 100 Index

Hong Kong

HDAX

Germany

IBEX 35

Spain

IBOVESPA

Brazil

ISEQ 20

Ireland

KOSPI 100

South Korea

MSCI ACWI Index

Global

MSCI EM 50

Emerging markets

NASDAQ-100

USA

Nikkei 300

Japan

NYSE ARCA China Index

China

OBX

Norway

OMX Copenhagen 25

Denmark

OMX Helsinki 25

Finland

OMXS60

Sweden

Qatar Exchange General Index

Qatar

S&P 500

USA

S&P BSE 100

India

S&P Latin America 40

Latin America

S&P/ASX 100

Australia

S&P/BMV IPC

Mexico

S&P/NZX 10

New Zealand

S&P/TSX 60

Canada

SBF 120

France

SET 50

Thailand

SMI Expanded

Switzerland

STOXX Asia/Pacific 600

Asia/Pacific

STOXX Europe 600

Europe

TOPIX Mid 400

Japan

TSEC Taiwan 50

Taiwan

WIG20

Poland

ANNEX II

RECOGNISED EXCHANGES SPECIFIED UNDER ARTICLE 197 OF REGULATION (EU) No 575/2013

Table 1

Recognised exchanges on which contracts listed in Annex II of Regulation (EU) No 575/2013 are not traded

Regulated market

MIC

AIAF – MERCADO DE RENTA FIJA

XDRF, SEND

ATHENS EXCHANGE SECURITIES MARKET

XATH

BADEN-WUERTTEMBERGISCHE WERTPAPIERBOERSE

STUC, STUA

BOERSE BERLIN

BERC, BERA, EQTB, EQTA

BOERSE DUESSELDORF

DUSC, DUSA

BOERSE MUENCHEN

MUNC, MUNA

BOLSA DE BARCELONA

XBAR, SBAR

BOLSA DE BILBAO

XBIL, SBIL

BOLSA DE MADRID

XMAD, MERF

BOLSA DE VALENCIA

XVAL

BONDSPOT SECURITIES MARKET

RPWC

BOURSE DE LUXEMBOURG

XLUX

BRATISLAVA STOCK EXCHANGE

XBRA

BUCHAREST STOCK EXCHANGE

XBSE

BUDAPEST STOCK EXCHANGE

XBUD

BULGARIAN STOCK EXCHANGE – SOFIA JSC

XBUL

CBOE EUROPE

CCXE

CME AMSTERDAM

BTAM

CYPRUS STOCK EXCHANGE

XCYS

ELECTRONIC BOND MARKET

MOTX

ELECTRONIC ETF AND ETC/ETN MARKET – ETFplus

ETFP

ELECTRONIC SECONDARY SECURITIES MARKET

HDAT

ELECTRONIC SHARE MARKET

MTAA

EURONEXT AMSTERDAM

XAMS

EURONEXT BRUSSELS

XBRU

EURONEXT DUBLIN

XMSM

EURONEXT EXPAND

XOAS

EURONEXT LISBON

XLIS

EURONEXT OSLO

XOSL

EURONEXT PARIS

XPAR

FRANKFURTER WERTPAPIERBOERSE (REGULIERTER MARKT)

FRAA, XETA

HANSEATISCHE WERTPAPIERBOERSE HAMBURG (REGULIERTER MARKT)

HAMA, HAMM

LJUBLJANA STOCK EXCHANGE OFFICIAL MARKET

XLJU

MALTA STOCK EXCHANGE

XMAL, IFSM

MARKET FOR INVESTMENT VEHICLES (MIV)

MIVX

MTS GOVERNMENT MARKET

MTSC

NASDAQ COPENHAGEN

XCSE

NASDAQ HELSINKI

XHEL

NASDAQ ICELAND

XICE

NASDAQ RIGA

XRIS

NASDAQ STOCKHOLM

XSTO

NASDAQ TALLINN

XTAL

NASDAQ VILNIUS

XLIT

NIEDERSAECHSISCHE BOERSE ZU HANNOVER (REGULIERTER MARKT)

HANA

NORDIC GROWTH MARKET NGM

XNGM

NXCHANGE

XNXC

PRAGUE STOCK EXCHANGE

XPRA

RM-SYSTEM CZECH STOCK EXCHANGE

XRMZ

TRADEGATE EXCHANGE (REGULIERTER MARKT)

XGRM

VIENNA STOCKEXCHANGE OFFICIAL MARKET (AMTLICHER HANDEL)

WBAH

WARSAW STOCK EXCHANGE

XWAR, WBON, WETP

ZAGREB STOCK EXCHANGE

XZAG

ASX LIMITED

XASX

CHI-X AUSTRALIA PTY LTD

CHIA

THE STOCK EXCHANGE OF HONG KONG LIMITED (SEHK)

SHKG

BOX OPTIONS EXCHANGE LLC

XBOX

CBOE BYX EXCHANGE, INC. (FORMERLY BATS BYX EXCHANGE, INC.; BATS Y-EXCHANGE, INC.)

BATY

CBOE BZX EXCHANGE, INC. (FORMERLY BATS BZX EXCHANGE, INC.; BATS EXCHANGE, INC.)

BATS

CBOE C2 EXCHANGE, INC.

C2OX

CBOE EDGA EXCHANGE, INC. (FORMERLY BATS EDGA EXCHANGE, INC.; EDGA EXCHANGE, INC.)

EDGA

CBOE EDGX EXCHANGE, INC. (FORMERLY BATS EDGX EXCHANGE, INC.; EDGX EXCHANGE, INC.)

EDGX

CBOE EXCHANGE, INC.

CBSX

CHICAGO STOCK EXCHANGE, INC.

XCHI

THE INVESTORS EXCHANGE LLC

IEXG

MIAMI INTERNATIONAL SECURITIES EXCHANGE

XMIO

MIAX PEARL, LLC

MPRL

NASDAQ BX, INC. (FORMERLY NASDAQ OMX BX, INC.; BOSTON STOCK EXCHANGE)

BOSD

NASDAQ GEMX, LLC (FORMERLY ISE GEMINI)

GMNI

NASDAQ ISE, LLC (FORMERLY INTERNATIONAL SECURITIES EXCHANGE, LLC)

XISX

NASDAQ MRX, LLC (FORMERLY ISE MERCURY)

MCRY

NASDAQ PHLX LLC (FORMERLY NASDAQ OMX PHLX, LLC; PHILADELPHIA STOCK EXCHANGE)

XPHL

THE NASDAQ STOCK MARKET

XNAS

NEW YORK STOCK EXCHANGE LLC

XNYS

NYSE ARCA, INC.

ARCX

AQUA SECURITIES L.P.

AQUA

ATS-1

MSTX

ATS-4

MSPL

ATS-6

MSRP

BARCLAYS ATS

BARX

BARCLAYS DIRECTEX

BCDX

BIDS TRADING, L.P.

BIDS

CIOI

CIOI

CITIBLOC

CBLC

CITICROSS

CICX

CODA MARKETS, INC

CODA

CREDIT SUISSE SECURITIES (USA) LLC

CAES

DEUTSCHE BANK SECURITIES, INC

DBSX

EBX LLC

LEVL

INSTINCT X

BAML

INSTINET CONTINUOUS BLOCK CROSSING SYSTEM (CBX)

ICBX

INSTINET, LLC (INSTINET CROSSING, INSTINET BLX)

XINS

INSTINET, LLC (BLOCKCROSS)

BLKX

JPB-X

JPBX

J.P. MORGAN ATS (‘JPM-X’)

JPMX

JSVC LLC

( * )

LIQUIDNET H 2 O ATS

LIUH

LIQUIDNET NEGOTIATION ATS

LIUS

LUMINEX TRADING & ANALYTICS LLC

LMNX

NATIONAL FINANCIAL SERVICES, LLC

NFSC

POSIT

ITGI

SIGMA X2

SGMT

SPOT QUOTE LLC

( * )

SPREAD ZERO LLC

( * )

UBS ATS

UBSS

USTOCKTRADE

( * )

VIRTU MATCHIT

VFMI

XE

PJCX

Table 2

Recognised exchanges on which contracts listed in Annex II of Regulation (EU) No 575/2013 are traded

Regulated market

MIC

ATHENS EXCHANGE DERIVATIVES MARKET

XADE

BUDAPEST STOCK EXCHANGE

XBUD

CBOE DERIVATIVES

CDEX

EUREX DEUTSCHLAND

XEUR

EURONEXT BRUSSELS DERIVATIVES

XBRD

EURONEXT COM, COMMODITIES FUTURES AND OPTIONS

XEUC

EURONEXT EQF, EQUITIES AND INDICES DERIVATIVES

XEUE

EUROPEAN ENERGY EXCHANGE

XEEE, XEER

FISH POOL

FISH

HENEX FINANCIAL ENERGY MARKET – DERIVATIVES MARKET

HEDE

HUDEX ENERGY EXCHANGE

HUDX

ICE ENDEX MARKETS

NDEX

ITALIAN DERIVATIVES MARKET

XDMI

MATIF

XMAT

MEFF EXCHANGE

XMRV, XMPW, XMFX

MERCADO DE FUTUROS E OPCOES

MFOX

MONEP

XMON

NASDAQ OSLO

NORX

NASDAQ STOCKHOLM

XSTO

NOREXECO

NEXO

OMIP – POLO PORTUGUES

OMIP

OSLO BØRS

XOSL

WARSAW STOCK EXCHANGE/COMMODITIES/POLISH POWER EXCHANGE/COMMODITY DERIVATIVES

PLPD

WARSAW STOCK EXCHANGE/FINANCIAL DERIVATIVES

WDER

( * ) MIC codes not available on the ISO 10383 – Codes for exchanges and market identification list

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