Updated 13/11/2024
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Article 10 - Notification when intending to establish an accepted market practice

Article 10

Notification when intending to establish an accepted market practice

1.   Competent authorities shall notify, in accordance with Article 13(3) of Regulation (EU) No 596/2014, their intention to establish an AMP by post or e-mail to ESMA and to the other competent authorities simultaneously, using a pre-identified list of contact points to be set-up and regularly maintained by competent authorities and ESMA.

2.   The notification referred to in paragraph 1 shall include the following elements:

(a)

a statement of the intention to establish an AMP, including the expected date of establishment;

(b)

the identification of the notifying competent authority and the contact details of the contact person(s) within that competent authority (name, professional telephone number and e-mail address, title);

(c)

a detailed description of the market practice including:

(i)

the identification of the types of financial instrument and trading venues on which the AMP will be performed;

(ii)

the types of persons who can perform the AMP;

(iii)

the type of beneficiaries;

(iv)

the indication of whether the market practice can be performed for a determined period of time and of any situations or conditions leading to a temporary interruption, suspension or termination of the practice;

(d)

the reason for which the practice could constitute market manipulation under Article 12 of Regulation (EU) No 596/2014;

(e)

the details of the assessment made according to Article 13(2) of Regulation (EU) No 596/2014.

3.   The notification referred to in paragraph 1 shall include the table for assessing a proposed market practice using the template in the Annex.