Decision on the Method of Delivery of Notices and Place of Public Disclosure under Regulation (EU) No 236/2012 on Short Selling and Credit Default Swaps

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Pursuant to Article 15(4) and Article 8(1) of the Act on the Croatian Financial Services Supervisory Agency (Official Gazette Nos. 140/05 and 12/12) and Article 14(2) and (3) of the Act on the Implementation of Regulation (EU) No 236/2012 of the European Parliament and of the Council of 14 March 2012 on short selling and certain aspects of credit default swaps (Official Gazette No. 54/13), the Croatian Financial Services Supervisory Agency, at a meeting of its Management Board held on 20 September 2013, adopted

DECISION ON THE METHOD OF DELIVERY OF NOTICES AND PLACE OF PUBLIC DISCLOSURE OF INFORMATION IN ACCORDANCE WITH REGULATION (EU) NO 236/2012 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL OF 14 MARCH 2012 ON SHORT SELLING AND CERTAIN ASPECTS OF CREDIT DEFAULT SWAPS

General Provisions Article 1.

(1) This Decision prescribes the method of delivery to the Croatian Financial Services Supervisory Agency of the following notices in accordance with Articles 5, 6, 7, 8 and 17 of Regulation (EU) No 236/2012:

• Notice on significant net short positions in equities,
• Notice on significant net short positions in sovereign debt instruments,
• Notice on uncovered positions in credit default swaps referencing sovereign debt instruments,
• Cancellation of incorrectly delivered notices on significant net short positions in equities,
• Cancellation of incorrectly delivered notices on significant net short positions in sovereign debt instruments,
• Cancellation of incorrectly delivered notices on uncovered positions in credit default swaps referencing sovereign debt instruments,
• Notice on the application of exemptions for market making activities and primary market activities.

(2) This Decision also prescribes the place of public disclosure of significant net short positions in equities within the meaning of Articles 6 and 9 of Regulation (EU) No 236/2012 and Article 14(3) of the Act on the Implementation of Regulation (EU) No 236/2012.

Meaning of Certain Terms Article 2.

The following terms have the specified meanings for the purposes of this Decision:

1. Agency means the Croatian Financial Services Supervisory Agency;
2. Act means the Act on the Implementation of Regulation (EU) No 236/2012;
3. Regulation (EU) No 236/2012 means Regulation (EU) No 236/2012 of the European Parliament and of the Council of 14 March 2012 on short selling and certain aspects of credit default swaps;
4. Notice means a notice that a natural or legal person is required to deliver to the Agency or publish publicly in accordance with Articles 5, 6, 7, 8 and 17 of the Regulation and Article 14 of the Act;
5. Position holder means a natural or legal person that holds a significant net short position in equities or sovereign debt instruments, or an uncovered position in credit default swaps referencing sovereign debt instruments.

Method of Delivery of Notices Article 3.

(1) A natural or legal person must deliver the notices referred to in Articles 5, 6, 7 and 8 of Regulation (EU) No 236/2012 to the Agency in PDF and EXCEL formats, using the corresponding forms available on the Agency’s website (http://www.hanfa.hr/nav/129/ztk---tehnicke-upute-i-obrasci.html). Data submitted in PDF format must be identical to the corresponding data submitted in EXCEL format. (2) The notices referred to in paragraph 1 of this Article must be delivered within the time limit prescribed by Article 9(2) of Regulation (EU) No 236/2012 (no later than 15:30 on the following trading day), by email to shortselling@hanfa.hr and by post to the Agency’s address, Miramarska cesta 24b, 10000 Zagreb. (3) A natural or legal person intending to apply the exemption for market making and primary market activities under Article 17 of Regulation (EU) No 236/2012 must deliver the notice in writing to the Agency’s address, Miramarska cesta 24b, 10000 Zagreb, at least 30 days prior to the application of the exemption. (4) Notices under this Article must be signed by an authorized representative of a legal person, or by the natural person themselves, or by a person authorized by the natural person to deliver the notice.

Identification of Position Holders Article 4.

(1) In addition to delivering the notices referred to in Articles 5, 6 and 7 and 8 of Regulation (EU) No 236/2012, a natural or legal person delivering the notice must also provide the Agency with data enabling the identification of the position holder and the identity of the person authorized by the position holder to deliver the notice (if different from the position holder). The aforementioned data include:

1. for natural persons:

• first name, surname, maiden name, place and date of birth, home or current address, nationality and contact details;
• a certified copy of the passport or identity card;

2. for legal persons:

• the company name and registered office, contact details of the legal person, and the name of the authorized representative;
• a historical extract from the court or other relevant register, in original or certified copy, not older than 30 days. (2) The data referred to in paragraph 1 of this Article must be delivered to the Agency in PDF format by email to shortselling@hanfa.hr and in writing to the Agency’s address, Miramarska cesta 24b, 10000 Zagreb.

(5) The Agency shall not be liable for the accuracy of data in documents prepared by completing the specified forms. (6) All incomplete notices referred to in paragraph 1 of this Article shall be rejected and deemed not to have been delivered.

Place of Public Disclosure Article 5.

In accordance with Articles 6 and 9 of Regulation (EU) No 236/2012, the Agency will publish details on significant net short positions in equities on its website (http://www.hanfa.hr/nav/295/kratka-prodaja.html).

Article 6.

(1) This Decision shall be published on the Agency’s website.

(2) This Decision shall enter into force on the date of its adoption.

CLASS: 011-02/13-04/57 REFERENCE NUMBER: 326-770-13-1 Zagreb, 20 September 2013

CHAIRMAN OF THE MANAGEMENT BOARD Petar-Pierre Matek