Brief

On January 24, 2025, the European Securities and Markets Authority issued an update regarding the start of DPE regime on February 3 and end of publication of Systematic Internalisers data. The new Designated Publishing Entities (DPEs) will take over from systematic internalisers for reporting OTC transactions, simplifying requirements for investment firms that previously opted into the SI status due to added disproportionate burdens.

The European Securities and Markets Authority (ESMA), the EU’s financial markets regulator and supervisor, reminds market participants that the new regime for the reporting of Over the Counter (OTC) transactions for post-trade transparency purposes becomes fully operational on 3 February 2025. ESMA also informs stakeholders that the quarterly publication of systematic internalisers (SI) data will be discontinued with immediate effect.

Following the MiFIR review, the responsibility for reporting OTC-transactions will shift from SIs to the new Designated Publishing Entities (DPEs). The old approach has led many investment firms to opt in to the status of SI to be able to report the trades for their clients. When these firms were not dealing on own account on a systematic basis this added disproportionate requirements to them.

The DPE regime (see ESMA’s Public Statement) allows National Competent Authorities (NCAs) to grant the status of DPE to investment firms. DPEs, when they are party to a transaction, will need to make these transaction public through an approved publication arrangement (APA).

ESMA maintains a public register of DPEs by class of financial instruments, to help market participants to identify those entities.

Discontinuation of the SI quarterly calculations

Following the application of the MiFID II amendments, it will no longer be necessary for ESMA to perform SI calculations from September 2025. In view of the resources needed to perform the calculations and the fact that the regime will end shortly, ESMA has decided to discontinue the voluntary publication of quarterly SI calculations data already now. This action will also reduce the administrative burden for investment firms.

Consequently, the mandatory SI regime will no longer apply from 1 February 2025, and investment firms will not need to perform the SI-test. However, investment firms can continue to opt into the SI-regime.

Further information:
Cristina Bonillo
Senior Communications Officerpress@esma.europa.eu

Highlights content goes here...

Purpose

The European Securities and Markets Authority (ESMA) reminds market participants that the new regime for reporting Over the Counter (OTC) transactions for post-trade transparency purposes becomes fully operational on 3 February 2025. This marks a significant shift in the regulatory landscape, as the responsibility for reporting OTC-transactions will no longer lie with Systematic Internalisers (SIs), but rather with Designated Publishing Entities (DPEs).

Effects on Industry

The new regime is expected to have far-reaching consequences for various industries, including investment firms and financial institutions. The old approach had led many investment firms to opt in to the status of SI to be able to report trades for their clients, which added disproportionate requirements to them. With the shift to DPEs, National Competent Authorities (NCAs) will have the power to grant this status to investment firms, allowing them to report OTC-transactions through an approved publication arrangement (APA). This change is likely to simplify reporting obligations for many investment firms and reduce their administrative burden.

Relevant Stakeholders

The stakeholders affected by this update include:

  • Market participants, such as investment firms and financial institutions
  • Systematic Internalisers (SIs), who will no longer be responsible for reporting OTC-transactions
  • Designated Publishing Entities (DPEs), which will take on the new role of reporting OTC-transactions
  • National Competent Authorities (NCAs), who will have the power to grant DPE status to investment firms

Next Steps

To comply with the new regime, market participants are advised to:

  • Familiarize themselves with the requirements and obligations of Designated Publishing Entities (DPEs)
  • Review their reporting obligations and ensure they are meeting the necessary standards
  • Consider opting in to the DPE regime if they meet the required criteria

Any Other Relevant Information

In addition to the changes outlined above, ESMA has also decided to discontinue the voluntary publication of quarterly Systemic Internaliser (SI) calculations data. This decision is a result of the resources needed to perform these calculations and the fact that the SI regime will be ending shortly. The mandatory SI regime will no longer apply from 1 February 2025, and investment firms will not need to perform the SI-test. However, investment firms can continue to opt into the SI-regime if they choose to do so.

Further information can be obtained from Cristina Bonillo, Senior Communications Officer at ESMA, at press@esma.europa.eu.

European Securities and Markets Authority

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