With the recent adoption of REMIT 2 and several dates now confirmed for the entry into force of its respective obligations, regulators and exchanges have begun mobilising with several announcements being made this week.
ICE Endex published (click here) a circular dealing with several obligations, including certain instances where the exchange expects to be notified under the new rules as summarised below:
1] Market participants engaging in algorithmic trading and Direct Electronic Access providers
- ICE reminds market participants that engage in algorithmic trading they must have effective systems and risk controls in place suitable to the businesses they operate;
- These controls should also prevent the sending of erroneous orders to trade to the market and must not contain functions that may create or contribute to a disorderly market;
- Firms must have effective business continuity arrangements in place;
- By 8 May 2024 firms engaged in algorithmic trading or providing direct electronic access (DEA) to an organised marketplace must notify the National Regulatory Authority where they are registered and ACER through CEREMP;
- ICE Endex wants market participants to inform them about any notifications under the above requirement: compliance-endex@theice.com
2] EU representative for non-EU market participants
- Before 8 November 2024 market participants resident or established outside of the European Economic Area (EEA) that are required to report transactions to ACER must designate and register an EU-based representative authorised to act in the Member State in which the market participant is active;
- By 8 November 2024, market participants must notify the details of their designated representative to ACER and to the NRA of the Member State where that designated representative resides or is established;
- ICE Endex wants market participants to inform them about any notifications under the above requirement: compliance-endex@theice.com
3] Registered Reporting Mechanisms
- ICE Endex confirm that the new obligations for Registered Reporting Mechanisms (RRMs) will not enter into force until the new delegated acts have been adopted;
- These acts must be adopted by 8 May 2025 until which time registered RRMs will be allowed to continue operating as normal;
- ICE Endex will make further announcements regarding developments in relation to the ICE RRM (i.e. ICE Trade Vault Europe) in due course.
Several National Regulatory Authorities (NRA’s) across Europe have published their respective notices advising their markets of the imminent entry into force of REMIT 2, including:
- Hungary (MEKH) (click here);
- Spain (CNMC) (click here);
- France (CRE) (click here);
- Sweden (Ei) (click here);
- Poland (URE/ERO) (click here);
- Bulgaria (EWRC) (click here);
- Finland (EV) (click here); and
- Romania (ANRE) (click here).