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24 Jun 2021

Eurex

MiFID II/MiFIR: Changes to the requirements for the flagging of orders according to MiFID II and MiFIR

Eurex Circular 058/21 MiFID II/MiFIR: Changes to the requirements for the flagging of orders according to MiFID II and MiFIR

1.   Introduction

Following a decree of the Exchange Supervisory Authority of the State of Hesse, Eurex Deutschland will adjust the application of the so-called “Short Code Solution” as of 1 January 2022.

As of this date, the Trading Participants are obliged to populate the fields "Execution Decision", "Investment Decision" and "ClientID" with unique codes (“Short Codes”) in order and quote messages. Accordingly, these Short Codes must be unchangeably assigned to a corresponding identification code ("Long Code") over time and cannot be changed subsequently.

A change of the Long Code is only permissible for certain legal reasons such as changes of name or identification numbers of natural persons. Furthermore, Trading Participants are obliged to register all Short/Long Code combinations with the trading venue before using them for the first time.

Effective date: 1 January 2022

Learn more about Eurex topics! To help Trading Participants keep up with all Eurex updates, all support information is now available via Eurex Support and on the go via the personalized Eurex App.

2.   Required action

As of 1 January 2022, Trading Participants must only use continuously unique Short Codes. These Short Codes must be registered before they are used for the first time. For this purpose, Trading Participants will only be able to enter a future date in the field "valid from" in the upload file. Already registered Short/Long Code combinations that do not meet the requirements can be deleted or updated by the Trading Participant.

3.   Details

Since 3 January 2018, all Trading Participants have been obliged to identify the algorithms used in the context of their participation in exchange trading, the "execution decision maker", the "investment decision maker" and the client (Article 48(10) of Directive 2014/65/EU and Article 25 of Regulation (EU) 600/2014). This legal requirement is implemented in the Exchange Rules of Eurex Deutschland (Sections 17a, 63 and 72). 

The fields "Execution Decision", "Investment Decision" and "ClientID" are to be filled in the order and quote messages by using Short Codes. Only natural persons and legal entities by means of their "Legal Entity Identifier" (LEI) have to be encoded by means of "Short Codes".

Until now, Trading Participants were obliged to upload the Long Codes used to resolve the Short Codes to the Eurex upload functionalities (SFTP or Member Section) on the following trading day (T+1) at the latest. This requirement will change as of 1 January 2022. As of this date, registration of the Short Codes must take place prior to use. 

In addition, Short Codes must be registered uniquely and unchanged over time. With the exception of certain legal grounds, it is not permissible to change the Long Code.

We expressly point out that violations of the reporting obligation may lead to sanctions.


Further information

Recipients:

All Trading Participants of Eurex Deutschland and Vendors

Target groups:

Front Office/Trading, Middle + Backoffice, IT/System Administration, Auditing/Security Coordination, Compliance departments, Nominated Persons

Contact:

Your Key Account Manager or client.services@eurex.com; 
for questions related to regulatory reporting background, please contact eurex.reg.reporting@eurex.com

Web:

www.eurex.com

Authorized by:

Michael Peters


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