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Regulation 236/2012/EU - Short Selling Regulation (SSR)RecitalsChapter I General Provisions (arts. 1-4)Article 1 ScopeArticle 2 DefinitionsArticle 3 Short and long positionsArticle 4 Uncovered position in a sovereign credit default swapChapter II Transparency of net short positions (arts. 5-11)Article 5 Notification to competent authorities of significant net short positions in sharesArticle 6 Public disclosure of significant net short positions in sharesArticle 7 Notification to competent authorities of significant net short positions in sovereign debtArticle 8 Notification to competent authorities of uncovered positions in sovereign credit default swapsArticle 9 Method of notification and disclosureArticle 10 Application of notification and disclosure requirementsArticle 11 Information to be provided to ESMAArticle 11a Accessibility of information on the European single access pointChapter III Uncovered short sales (arts. 12-15)Article 12 Restrictions on uncovered short sales in sharesArticle 13 Restrictions on uncovered short sales in sovereign debtArticle 14 Restrictions on uncovered sovereign credit default swapsArticle 15 Buy-in proceduresChapter IV Exemptions (arts. 16-17)Article 16 Exemption where the principal trading venue is in a third countryArticle 17 Exemption for market making activities and primary market operationsChapter 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 circumstancesArticle 19 Notification by lenders in exceptional circumstancesArticle 20 Restrictions on short selling and similar transactions in exceptional circumstancesArticle 21 Restrictions on sovereign credit default swap transactions in exceptional circumstancesArticle 22 Measures by other competent authoritiesArticle 23 Power to restrict short selling of financial instruments temporarily in the case of a significant fall in priceArticle 24 Period of restrictionsArticle 25 Notice of restrictionsArticle 26 Notification to ESMA and other competent authoritiesSection 2 Powers of ESMA (arts. 27-31)Article 27 Coordination by ESMAArticle 28 ESMA intervention powers in exceptional circumstancesArticle 29 ESMA's powers in emergency situations relating to sovereign debtArticle 30 Further specification of adverse events or developmentsArticle 31 Inquiries by ESMAChapter VI Role of competent authorities (arts. 32-41)Article 32 Competent authoritiesArticle 33 Powers of competent authoritiesArticle 34 Professional secrecyArticle 35 Obligation to cooperateArticle 36 Cooperation with ESMAArticle 37 Cooperation in case of request for on-site inspections or investigationsArticle 38 Cooperation with third countriesArticle 39 Transfer and retention of personal dataArticle 40 Disclosure of information to third countriesArticle 41 PenaltiesChapter VII Delegated Acts (arts. 42-43)Article 42 Exercise of the delegationArticle 43 Deadline for the adoption of delegated actsChapter VIII Implementing Acts (art. 44)Article 44 Committee procedureChapter IX Transitional and final provisions (arts. 45-48)Article 45 Review and reportArticle 46 Transitional provisionArticle 47 Staff and resources of ESMAArticle 48 Entry into forceDone at
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Version status: Applicable | Document consolidation status: Updated to reflect all known changes
Version date: 1 November 2012 - onwards
Version 3 of 3

Article 3 Short and long positions

1. For the purposes of this Regulation, a position resulting from either of the following shall be considered to be a short position relating to issued share capital or issued sovereign debt:

(a) a short sale of a share issued by a company or of a debt instrument issued by a sovereign issuer;

(b) entering into a transaction which creates or relates to a financial instrument other than an instrument referred to in point (a) where the effect or one of the effects of the transaction is to confer a financial advantage on the natural or legal person entering into that transaction in the event of a decrease in the price or value of the share or debt instrument.

2. For the purposes of this Regulation, a position resulting from either of the following shall be considered to be a long position relating to issued share capital or issued sovereign debt:

(a) holding a share issued by a company or a debt instrument issued by a sovereign issuer;

(b) entering into a transaction which creates or relates to a financial instrument other than an instrument referred to in point (a) where the effect or one of the effects of the transaction is to confer a financial advantage on the natural or legal person entering into that transaction in the event of an increase in the price or value of the share or debt instrument.

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