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AI Summary of Article 7 Authorisation of deferred publication
Competent authorities are empowered to authorise trading venues to defer the publication of transaction details based on size or type, specifically for large transactions relative to normal market size. Prior approval from the competent authorities is required, alongside mandatory public disclosure of these arrangements. ESMA will monitor compliance and report annually on the implementation of deferred publication practices.
Additionally, ESMA is tasked with developing draft regulatory technical standards to define transaction disclosure details, compliance timelines, and criteria for deferred publication, thereby facilitating adherence to Article 64 of Directive 2014/65/EU.
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Article 7 Authorisation of deferred publication
1. Competent authorities shall be able to authorise market operators and investment firms operating a trading venue to provide for deferred publication of the details of transactions based on their type or size.
In particular, the competent authorities may authorise the deferred publication in respect of transactions that are large in scale compared with the normal market size for that share, depositary receipt, ETF, certificate or other similar financial instrument or that class of share, depositary receipt, ETF, certificate or other similar financial instrument.
Market operators and investment firms operating a trading venue shall obtain the competent authority's prior approval of proposed arrangements for deferred trade-publication, and shall clearly disclose those arrangements to market participants and the public. ESMA shall monitor the application of those arrangements for deferred trade-publication and shall submit an annual report to the Commission on how they are applied in practice.