Regulation 236/2012/EU - Short Selling Regulation (SSR)

Version status: Applicable | Document consolidation status: Updated to reflect all known changes

Published date: 24 March 2012

Regulation 236/2012/EU - Short Selling Regulation (SSR)

	Recitals
	Chapter I General Provisions (arts. 1-4)
	Article 1 Scope
	Article 2 Definitions
	Article 3 Short and long positions
	Article 4 Uncovered position in a sovereign credit default swap
	Chapter II Transparency of net short positions (arts. 5-11)
	Article 5 Notification to competent authorities of significant net short positions in shares
	Article 6 Public disclosure of significant net short positions in shares
	Article 7 Notification to competent authorities of significant net short positions in sovereign debt
	Article 8 Notification to competent authorities of uncovered positions in sovereign credit default swaps
	Article 9 Method of notification and disclosure
	Article 10 Application of notification and disclosure requirements
	Article 11 Information to be provided to ESMA
	Article 11a Accessibility of information on the European single access point
	Chapter III Uncovered short sales (arts. 12-15)
	Article 12 Restrictions on uncovered short sales in shares
	Article 13 Restrictions on uncovered short sales in sovereign debt
	Article 14 Restrictions on uncovered sovereign credit default swaps
	Article 15 Buy-in procedures
	Chapter IV Exemptions (arts. 16-17)
	Article 16 Exemption where the principal trading venue is in a third country
	Article 17 Exemption for market making activities and primary market operations
	Chapter V Powers of Intervention of competent authorities and of ESMA (arts. 18-31)
	Section 1 Powers of competent authorities (arts. 18-26)
	Article 18 Notification and disclosure in exceptional circumstances
	Article 19 Notification by lenders in exceptional circumstances
	Article 20 Restrictions on short selling and similar transactions in exceptional circumstances
	Article 21 Restrictions on sovereign credit default swap transactions in exceptional circumstances
	Article 22 Measures by other competent authorities
	Article 23 Power to restrict short selling of financial instruments temporarily in the case of a significant fall in price
	Article 24 Period of restrictions
	Article 25 Notice of restrictions
	Article 26 Notification to ESMA and other competent authorities
	Section 2 Powers of ESMA (arts. 27-31)
	Article 27 Coordination by ESMA
	Article 28 ESMA intervention powers in exceptional circumstances
	Article 29 ESMA's powers in emergency situations relating to sovereign debt
	Article 30 Further specification of adverse events or developments
	Article 31 Inquiries by ESMA
	Chapter VI Role of competent authorities (arts. 32-41)
	Article 32 Competent authorities
	Article 33 Powers of competent authorities
	Article 34 Professional secrecy
	Article 35 Obligation to cooperate
	Article 36 Cooperation with ESMA
	Article 37 Cooperation in case of request for on-site inspections or investigations
	Article 38 Cooperation with third countries
	Article 39 Transfer and retention of personal data
	Article 40 Disclosure of information to third countries
	Article 41 Penalties
	Chapter VII Delegated Acts (arts. 42-43)
	Article 42 Exercise of the delegation
	Article 43 Deadline for the adoption of delegated acts
	Chapter VIII Implementing Acts (art. 44)
	Article 44 Committee procedure
	Chapter IX Transitional and final provisions (arts. 45-48)
	Article 45 Review and report
	Article 46 Transitional provision
	Article 47 Staff and resources of ESMA
	Article 48 Entry into force
	Done at