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Text as of 9 Jan 2024 · Consolidated version of 1 January 2022 · The wording differs from today’s text.Today’s text

Article 27h — Organisational requirements for CTPs

Financial servicesLevel 1RegulationMiFIRIn forceOfficial source

27h(1)

1.A CTP shall have adequate policies and arrangements in place to collect the information made public in accordance with Articles 6 and 20, consolidate it into a continuous electronic data stream, and make the information available to the public as close to real time as is technically possible, on a reasonable commercial basis.

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27h(1)(a)
(a)the identifier of the financial instrument;
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27h(1)(b)
(b)the price at which the transaction was concluded;
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27h(1)(c)
(c)the volume of the transaction;
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27h(1)(d)
(d)the time of the transaction;
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27h(1)(e)
(e)the time the transaction was reported;
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27h(1)(f)
(f)the price notation of the transaction;
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27h(1)(g)
(g)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’;
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27h(1)(h)
(h)where applicable, the fact that a computer algorithm within the investment firm was responsible for the investment decision and the execution of the transaction;
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27h(1)(i)
(i)if applicable, an indicator that the transaction was subject to specific conditions;
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27h(1)(j)
(j)if the obligation to make public the information referred to in Article 3(1) was waived in accordance with point (a) or (b) of Article 4(1), a flag to indicate which of those waivers the transaction was subject to.
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That information shall include, at least, the following details:

The information shall be made available free of charge 15 minutes after the CTP has published it. The CTP shall 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 formats that are easily accessible and utilisable for market participants.

27h(2)

2.A CTP shall have adequate policies and arrangements in place to collect the information made public in accordance with Article 10 and Article 21, consolidate it into a continuous electronic data stream, and make information available to the public as close to real time as is technically possible, on a reasonable commercial basis including, at least, the following details:

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27h(2)(a)
(a)the identifier or identifying features of the financial instrument;
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27h(2)(b)
(b)the price at which the transaction was concluded;
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27h(2)(c)
(c)the volume of the transaction;
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27h(2)(d)
(d)the time of the transaction;
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27h(2)(e)
(e)the time the transaction was reported;
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27h(2)(f)
(f)the price notation of the transaction;
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27h(2)(g)
(g)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’;
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27h(2)(h)
(h)if applicable, an indicator that the transaction was subject to specific conditions.
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The information shall be made available free of charge 15 minutes after the CTP has published it. The CTP shall 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 generally accepted formats that are interoperable and easily accessible and utilisable for market participants.

27h(3)

3.The CTP shall ensure that the data provided is consolidated from all the regulated markets, MTFs, OTFs and APAs and for the financial instruments specified by regulatory technical standards under point (c) of paragraph 8.

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27h(4)

4.The CTP shall operate and maintain effective administrative arrangements designed to prevent conflicts of interest. In particular, a market operator, or an APA, who also operates a consolidated tape, shall treat all information collected in a non-discriminatory way and shall operate and maintain appropriate arrangements to separate different business functions.

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27h(5)

5.The CTP shall have sound security mechanisms in place designed to guarantee the security of the means of transfer of information and to minimise the risk of data corruption and unauthorised access. The CTP shall maintain adequate resources and have back-up facilities in place in order to offer and maintain its services at all times.

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27h(6)

6.ESMA shall develop draft regulatory technical standards to determine data standards and formats for the information to be published in accordance with Articles 6, 10, 20 and 21, including financial instrument identifier, price, quantity, time, price notation, venue identifier and indicators for specific conditions the transactions was subject to as well as technical arrangements promoting an efficient and consistent dissemination of information in a way ensuring for it to be easily accessible and utilisable for market participants as referred to in paragraphs 1 and 2 of this Article, including identifying additional services the CTP could perform which increase the efficiency of the market.

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

27h(7)

7.The Commission shall adopt delegated acts in accordance with Article 50 in order to supplement this Regulation by clarifying what constitutes a reasonable commercial basis to provide access to data streams as referred to in paragraphs 1 and 2 of this Article.

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27h(8)

8.ESMA shall develop draft regulatory technical standards specifying:

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27h(8)(a)
(a)the means by which the CTP may comply with the information obligation referred to in paragraphs 1 and 2;
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27h(8)(b)
(b)the content of the information published under paragraphs 1 and 2;
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27h(8)(c)
(c)the financial instruments data of which must be provided in the data stream and for non-equity instruments the trading venues and APAs which need to be included;
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27h(8)(d)
(d)other means to ensure that the data published by different CTPs is consistent and allows for comprehensive mapping and cross-referencing against similar data from other sources, and is capable of being aggregated at Union level;
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27h(8)(e)
(e)the concrete organisational requirements laid down in paragraphs 4 and 5.
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Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.