Amendments to Regulation (EU) No 909/2014
Article 1
Open ↗Regulation (EU) No 909/2014 is amended as follows: (1) in Article 5, paragraph 2 is replaced by the following: ‘2. As regards transactions in transferable securities referred to in paragraph 1 which are executed on trading venues, the intended settlement date shall be no later than on the first business day after the trading takes place. The requirement laid down in the first subparagraph shall not apply to any of the following: (a) transactions which are negotiated privately but executed on a trading venue; (b) transactions which are executed bilaterally but reported to a trading venue; (c) the first transaction where the transferable securities concerned are subject to initial recording in book-entry form pursuant to Article 3(2); (d) the following securities financing transactions, provided that they are documented as single transactions composed of two linked operations: (i) securities lending or securities borrowing as defined in Article 3, point (7), of Regulation (EU) 2015/2365 of the European Parliament and of the Council ( *1 ) ; (ii) buy-sell back transactions or sell-buy back transactions as defined in Article 3, point (8), of Regulation (EU) 2015/2365; (iii) repurchase transactions as defined in Article 3, point (9), of Regulation (EU) 2015/2365. ( *1 ) Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse and amending Regulation (EU) No 648/2012 ( OJ L 337, 23.12.2015, p. 1 , ELI: http://data.europa.eu/eli/reg/2015/2365/oj ).’;" (2) Article 74 is amended as follows: (a) in paragraph 1, point (a), the following point is inserted: ‘(ia) the categories of transactions, the intended settlement date of the transactions and whether the transactions are executed on trading venues;’ ; (b) in paragraph 2, first subparagraph, point (d) is replaced by the following: ‘(d) upon request from the Commission, for the reports referred to in paragraph 1, point (a)(ia) and points (e), (h), (j) and (k).’ ; (3) in Article 75, first paragraph, the following point is inserted: ‘(aa) the market impact of, and the justification for, the exemption for certain types of securities financing transactions from the requirement to settle no later than on the first business day after the trading takes place as laid down in Article 5(2);’.