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What changed, Regulation (EU) No 648/2012

2015-09-16 → 2016-01-12 · no interpretation, just the text delta

on 2015-09-16eu-eurlex:32012r0648:2015-09-16 (2015-09-16 → 2016-01-11) · official source ↗
on 2016-01-12eu-eurlex:32012r0648:2016-01-12 (2016-01-12 → 2017-01-02) · official source ↗

Open the structured article comparison → matched by provision anchor when continuity is sufficient; otherwise Lex refuses rather than inventing changes

2,101 line(s) in the old middle, 2,125 in the new; 53 unchanged leading and 1 trailing lines trimmed.

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− (7) ‘OTC derivative’ or ‘OTC derivative contract’ means a derivative contract the execution of which does not take place on a regulated market as within the meaning of Article 4(1)(14) of Directive 2004/39/EC or on a third-country market considered as equivalent to a regulated market in accordance w…
− (b) the ESRB;
− (c) the competent authority supervising CCPs accessing the trade repository;
− (d) the competent authority supervising the trading venues of the reported contracts;
− (e) the relevant members of the ESCB;
− (f) the relevant authorities of a third country that has entered into an international agreement with the Union as referred to in Article 75;
− (g) supervisory authorities appointed under Article 4 of Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids (33);
− (h) the relevant Union securities and market authorities;
− (i) the relevant authorities of a third country that have entered into a cooperation arrangement with ESMA as referred to in Article 76;
− (j) the Agency for the Cooperation of Energy Regulators;
− (k) the resolution authorities designated under Article 3 of Directive 2014/59/EU of the European Parliament and the Council (34).
− 1. The Commission shall be assisted by the European Securities Committee established by Commission Decision 2001/528/EC (35). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
− (33) OJ L 142, 30.4.2004, p. 12.
− (34) Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36…
− (35) OJ L 191, 13.7.2001, p. 45.
+ (7) ‘OTC derivative’ or ‘OTC derivative contract’ means a derivative contract the execution of which does not take place on a regulated market within the meaning of Article 4(1)(14) of Directive 2004/39/EC or on a third-country market considered to be equivalent to a regulated market in accordance w…
+ ### Article 2a — Equivalence decisions for the purposes of the definition of OTC derivatives
+ 1. For the purposes of Article 2(7) of this Regulation, a third-country market shall be considered to be equivalent to a regulated market within the meaning of Article 4(1)(14) of Directive 2004/39/EC where it complies with legally binding requirements which are equivalent to the requirements laid d…
+ 2. The Commission may adopt implementing acts determining that a third-country market complies with legally binding requirements which are equivalent to the requirements laid down in Title III of Directive 2004/39/EC and it is subject to effective supervision and enforcement in that third country on…
+ Those implementing acts shall be adopted in accordance with the examination procedure referred to in Article 86(2) of this Regulation.
+ 3. The Commission and ESMA shall publish on their websites a list of those markets that are to be considered to be equivalent in accordance with the implementing act referred to in paragraph 2. That list shall be updated periodically.
+ (b) EBA;
+ (c) EIOPA;
+ (d) the ESRB;
+ (e) the competent authority supervising CCPs accessing the trade repositories;
+ (f) the competent authority supervising the trading venues of the reported contracts;
+ (g) the relevant members of the ESCB, including the ECB in carrying out its tasks within a single supervisory mechanism under Council Regulation (EU) No 1024/2013 (33);
+ (h) the relevant authorities of a third country that has entered into an international agreement with the Union as referred to in Article 75;
+ (i) supervisory authorities designated under Article 4 of Directive 2004/25/EC of the European Parliament and of the Council (34);
+ (j) the relevant Union securities and market authorities whose respective supervisory responsibilities and mandates cover contracts, markets, participants and underlyings which fall within the scope of this Regulation;
+ (k) the relevant authorities of a third country that have entered into a cooperation arrangement with ESMA, as referred to in Article 76;
+ (l) the Agency for the Cooperation of Energy Regulators established by Regulation (EC) No 713/2009 of the European Parliament and of the Council (35);
+ (m) the resolution authorities designated under Article 3 of Directive 2014/59/EU of the European Parliament and the Council (36);
+ (n) the Single Resolution Board established by Regulation (EU) No 806/2014;
+ (o) competent authorities or national competent authorities within the meaning of Regulations (EU) No 1024/2013 and (EU) No 909/2014 and of Directives 2003/41/EC, 2009/65/EC, 2011/61/EU, 2013/36/EU and, 2014/65/EU, and supervisory authorities within the meaning of Directive 2009/138/EC;
+ (p) the competent authorities designated in accordance with Article 10(5) of this Regulation.
+ 1. The Commission shall be assisted by the European Securities Committee established by Commission Decision 2001/528/EC (37). That committee shall be a committee within the meaning of Regulation (EU) No 182/2011.
+ (33) Council Regulation (EU) No 1024/2013 of 15 October 2013 conferring specific tasks on the European Central Bank concerning policies relating to the prudential supervision of credit institutions (OJ L 287, 29.10.2013, p. 63).
+ (34) Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids (OJ L 142, 30.4.2004, p. 12).
+ (35) Regulation (EC) No 713/2009 of the European Parliament and of the Council of 13 July 2009 establishing an Agency for the Cooperation of Energy Regulators (OJ L 211, 14.8.2009, p. 1).
+ (36) Directive 2014/59/EU of the European Parliament and of the Council of 15 May 2014 establishing a framework for the recovery and resolution of credit institutions and investment firms and amending Council Directive 82/891/EEC and Directives 2001/24/EC, 2002/47/EC, 2004/25/EC, 2005/56/EC, 2007/36…
+ (37) OJ L 191, 13.7.2001, p. 45.
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