Status: Please note you should read all Brexit changes to the FCA Handbook and BTS alongside the main FCA transitional directions. Where these directions apply the 'standstill', firms have the choice between complying with the pre-IP completion day rules, or the post-IP completion day rules. To see a full list of Handbook modules affected, please see Annex B to the main FCA transitional directions.

Article 11 Transparency requirements in conjunction with deferred publication at the discretion of the competent authorities (Article 11(3) of Regulation (EU) No 600/2014)

  1. (1)

    Where the FCA exercises its powers in conjunction with an authorisation of deferred publication pursuant to Article 11(3) of Regulation (EU) No 600/2014, the following shall apply:

    1. (a)

      where Article 11(3)(a) of Regulation (EU) No 600/2014 applies, the FCA shall request the publication of either of the following information during the full period of deferral as set out in Article 8:

      1. (i)

        all the details of a transaction laid down in Tables 1 and 2 of Annex II with the exception of details relating to volume;

      2. (ii)

        transactions in a daily aggregated form for a minimum number of 5 transactions executed on the same day, to be made public the following working day before 9.00 local time;

    2. (b)

      where Article 11(3)(b) of Regulation (EU) No 600/2014 applies, the FCA shall allow the omission of the publication of the volume of an individual transaction for an extended time period of four weeks;

    3. (c)

      in respect of non-equity instruments that are not sovereign debt and where Article 11(3)(c) of Regulation (EU) No 600/2014 applies, the FCA shall allow, for an extended time period of deferral of four weeks, the publication of the aggregation of several transactions executed over the course of one calendar week on the following Tuesday before 9.00 local time;

    4. (d)

      in respect of sovereign debt instruments and where Article 11(3)(d) of Regulation (EU) No 600/2014 applies, the FCA shall allow, for an indefinite period of time, the publication of the aggregation of several transactions executed over the course of one calendar week on the following Tuesday before 9.00 local time.

  2. (2)

    Where the extended period of deferral set out in paragraph 1(b) has lapsed, the following requirements shall apply:

    1. (a)

      in respect of all instruments that are not sovereign debt, the publication of the full details of all individual transactions, on the next working day before 9.00 local time;

    2. (b)

      in respect of sovereign debt instruments where the FCA decides not to use the options provided for in Article 11(3)(b) and (d) of Regulation (EU) No 600/2014 consecutively, pursuant to the second subparagraph of Article 11(3) of Regulation (EU) No 600/2014, the publication of the full details of all individual transactions on the next working day before 9.00 local time;

    3. (c)

      in respect of sovereign debt instruments, where the FCA applies the options provided for in Article 11(3)(b) and (d) of Regulation (EU) No 600/2014 consecutively pursuant to the second subparagraph of Article 11(3) of Regulation (EU) No 600/2014, the publication of several transactions executed in the same calendar week in an aggregated form on the Tuesday following the expiry of the extended period of deferral of four weeks counting from the last day of that calendar week before 9.00 local time.

  3. (3)

    In respect of all instruments that are not sovereign debt, all the details of the transactions on an individual basis shall be published four weeks after the publication of the aggregated details in accordance with paragraph 1(c) before 9.00 local time.

  4. (4)

    The aggregated daily or weekly data referred to in paragraphs 1 and 2 shall contain the following information for bonds, structured finance products, derivatives and emission allowances in respect of each day or week of the calendar period concerned:

    1. (a)

      the weighted average price;

    2. (b)

      the total volume traded as referred to in Table 4 of Annex II;

    3. (c)

      the total number of transactions.

  5. (5)

    Transactions shall be aggregated per ISIN-code. Where the ISIN code is not available, transactions shall be aggregated at the level of the class of financial instruments to which the liquidity test set out in Article 13 applies.

  6. (6)

    Where the weekday foreseen for the publications set out in points (c) and (d) of paragraph 1, and paragraphs 2 and 3, is not a working day, the publications shall be effected on the following working day before 9.00 local time.