Commission Delegated Regulation (EU) 2017/391 of 11 November 2016 supplementing Regulation (EU) No 909/2014 of the European Parliament and of the Council with regard to regulatory technical standards further specifying the content of the reporting on internalised settlements (Text with EEA relevance. )
Commission Delegated Regulation (EU) 2017/391 of 11 November 2016 supplementing Regulation (EU) No 909/2014 of the European Parliament and of the Council with regard to regulatory technical standards further specifying the content of the reporting on internalised settlements (Text with EEA relevance. )
Data as of 2026-07-04 · Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗
For the purposes of this Regulation the following definitions apply:
(1)
‘Internalised settlement instruction’ means an instruction by a client of the settlement internaliser to place at the disposal of the recipient an amount of money or to transfer the title to, or interest in, a security or securities by means of a book entry on a register, or otherwise, which is settled by the settlement internaliser in its own books and not through a securities settlement system.
(2)
‘Failed internalised settlement instruction’ means non-occurrence of settlement, or partial settlement, of a securities transaction at the date agreed by the parties concerned due to a lack of securities or cash, regardless of the underlying cause.
1. The reports referred to in the first subparagraph of Article 9(1) of Regulation (EU) No 909/2014 shall include the following information:
(a)
country code of the place of establishment of the settlement internaliser;
(b)
reporting timestamp;
(c)
period covered by the report;
(d)
identifier of the settlement internaliser;
(e)
contact details of the settlement internaliser;
(f)
the aggregated volume and value, expressed in euros, of internalised settlement instructions settled by the settlement internaliser during the period covered by the report;
(g)
the aggregated volume and value, expressed in euros, of internalised settlement instructions settled by the settlement internaliser during the period covered by the report, for each of the following types of financial instruments:
(i)
transferable securities referred to in point (a) of Article 4(1)(44) of Directive 2014/65/EU of the European Parliament and of the Council ( 3 ) ;
(ii)
sovereign debt referred to in point (61) of Article 4(1) of Directive 2014/65/EU;
(iii)
transferable securities referred to in point (b) of Article 4(1)(44) of Directive 2014/65/EU, other than those referred to in point (ii) of point (g) of this subparagraph;
(iv)
transferable securities referred to in point (c) of Article 4(1)(44) of Directive 2014/65/EU;
(v)
exchange-traded funds as defined in point (46) of Article 4(1) of Directive 2014/65/EU;
(vi)
units in collective investment undertakings, other than exchange-traded funds;
(vii)
money-market instruments, other than those referred to in point (ii);
(viii)
emission allowances;
(ix)
other financial instruments;
(h)
the aggregated volume and value, expressed in euros, of all internalised settlement instructions, for each of the following types of securities transactions settled by the settlement internaliser during the period covered by the report:
(i)
purchase or sale of securities;
(ii)
collateral management operations;
(iii)
securities lending or securities borrowing;
(iv)
repurchase transactions;
(v)
other securities transactions;
(i)
the aggregated volume and value, expressed in euros, of all internalised settlement instructions, settled by the settlement internaliser during the period covered by the report, covering the following types of clients:
(i)
professional clients as defined in point (10) of Article 4(1) of Directive 2014/65/EU;
(ii)
retail clients as defined in point (11) of Article 4(1) of Directive 2014/65/EU;
(j)
the aggregated volume and value, expressed in euros, of all internalised settlement instructions referring to cash transfers settled by the settlement internaliser during the period covered by the report;
(k)
the aggregated volume and value, expressed in euros, of all internalised settlement instructions settled by the settlement internaliser during the period covered by the report, per each CSD that provides the core service referred to in point 1 or 2 of Section A of the Annex to Regulation (EU) No 909/2014 in relation to the underlying securities;
(l)
the aggregated volume and value, expressed in euros, of all internalised settlement instructions referred to in points (g) to (j), per each CSD that provides the core service referred to in point 1 or 2 of Section A of the Annex to Regulation (EU) No 909/2014 in relation to the underlying securities;
(m)
the aggregated volume and value, expressed in euros, of failed internalised settlement instructions referred to in points (f) to (l) that fail to be settled as during the period covered by the report;
(n)
the rates of internalised settlement instructions referred to in points (f) to (l) that fail to be settled as compared to the following:
(i)
the aggregated value, expressed in euros, of internalised settlement instructions settled by the settlement internaliser and failed internalised settlement instructions;
(ii)
the aggregated volume of internalised settlement instructions settled by the settlement internaliser and failed internalised settlement instructions.
For the purposes of points (k) and (l) of the first subparagraph, if the information on the CSD that provides the core service referred to in point 1 or 2 of Section A of the Annex to Regulation (EU) No 909/2014 in relation to the underlying securities issue is not available, the ISIN of the securities shall be used as a proxy, by splitting the data by the first two characters of the ISIN codes.
2. Where available, the exchange rate of the European Central Bank on the last day of the period covered by the reports shall be used for the conversion of other currencies into euros.
3. The aggregated value of internalised settlement instructions referred to in paragraph 1 shall be calculated as follows:
(a)
in the case of internalised settlement instructions against payment, the settlement amount of the cash leg;
(b)
in the case of internalised settlement instructions free of payment, the market value of the securities or, if not available, the nominal value of the securities.
The market value referred to in point (b) of the first subparagraph shall be calculated as follows:
(a)
for financial instruments referred to in Article 3(1) of Regulation (EU) No 600/2014 of the European Parliament and of the Council ( 4 ) admitted to trading on a trading venue within the Union, the value determined on the basis of the closing price of the most relevant market in terms of liquidity referred to in Article 4(6)(b) of that Regulation;
(b)
for financial instruments admitted to trading on a trading venue within the Union other than those referred to in point (a), the value determined on the basis of the closing price of the trading venue within the Union with the highest turnover;
(c)
for financial instruments other than those referred to in points (a) and (b) the value determined on the basis of a price calculated using a pre-determined methodology, approved by the competent authority, that refers to criteria related to market data, such as market prices available across trading venues or investment firms.
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union .
It shall apply from 10 March 2019
