ARTICLE
11 April 2016

European Commission Adopts Secondary Legislation Under The EU Market Abuse Regulation

SS
Shearman & Sterling LLP

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All of the adopted RTS are subject to approval by the European Parliament and Council of the European Union, following which they will be published and come into force.
European Union Finance and Banking

The European Commission has adopted regulatory technical standards under the Market Abuse Regulation on: (i) arrangements, systems and procedures for preventing, detecting and reporting abusive practices or suspicious orders or transactions; (ii) conditions for buy-back programs and stabilization measures; and (iii) investment recommendations. The RTS on preventing market abuse and reporting suspicious transactions impose requirements on operators of trading venues and persons professionally arranging or executing transactions for monitoring for and reporting on insider dealing or market manipulation and include a requirement to provide adequate training for their staff involved in such activities. The RTS on buy-backs and stabilization set out the criteria which must be met for trades to become exempt from the market abuse ban, including requiring certain disclosure and reporting, conditions for trading and trading restrictions. The RTS on investment recommendations set out disclosure and distribution requirements for investment recommendations. All of the adopted RTS are subject to approval by the European Parliament and Council of the European Union, following which they will be published and come into force. The adopted version shows that it is intended that they will apply from July 3, 2016 when MAR comes into effect.

The RTS on preventing market abuse is available at: https://ec.europa.eu/transparency/regdoc/rep/3/2016/EN/3-2016-1402-ENF1- 1.PDF  and the RTS on buy-backs and stabilization is available at: https://ec.europa.eu/transparency/regdoc/rep/3/2016/EN/3-2016-1357-EN-F1-1.PDF .

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