{
  "url": "https://openlegislation.uk/eu-decision-2016-1171/attachment-6/article-1",
  "json_url": "https://openlegislation.uk/eu-decision-2016-1171/attachment-6/article-1.json",
  "legislation": "eudn/2016/1171",
  "legislation_title": "Council Decision (EU) 2016/1171 of 12 July 2016 on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning amendments to Annex IX (Financial Services) to the EEA Agreement",
  "legislation_url": "https://openlegislation.uk/eu-decision-2016-1171",
  "path": "attachment/6/article/1",
  "kind": "article",
  "number": "1",
  "heading": null,
  "text": "The following is inserted after point 29e (Commission Regulation (EC) No 1569/2007) of Annex IX to the EEA Agreement:\n29f. ‘ 32012 R 0236: Regulation (EU) No 236/2012 of the European Parliament and of the Council of 14 March 2012 on short selling and certain aspects of credit default swaps (OJ L 86, 24.3.2012, p. 1).\nThe provisions of the Regulation shall, for the purposes of this Agreement, be read with the following adaptations:\n(a) Notwithstanding the provisions of Protocol 1 to this Agreement, and unless otherwise provided for in this Agreement, the terms ‘Member State(s)’ and ‘competent authorities’ shall be understood to include, in addition to their meaning in the Regulation, the EFTA States and their competent authorities, respectively;\n(b) Unless otherwise provided for in this Agreement, the European Securities and Markets Authority (ESMA) and the EFTA Surveillance Authority shall cooperate, exchange information and consult each other for the purposes of the Regulation, in particular prior to taking any action;\n(c) In the third subparagraph of Article 23(4), the words ‘or the EFTA Surveillance Authority, as the case may be,’ shall be inserted after the word ‘ESMA’;\n(d) In Article 28:\n(i) in the first subparagraph of paragraph 1, the words ‘or, as regards the EFTA States, the EFTA Surveillance Authority’ shall be inserted after the word ‘ESMA’;\n(ii) in the second subparagraph of paragraph 1, in paragraphs 2, 3, 5, 6, 8, 10 and 11, and in point (b) of paragraph 7, the words ‘or, as the case may be, the EFTA Surveillance Authority’ shall be inserted after the word ‘ESMA’;\n(iii) in paragraph 3, the words ‘without issuing the opinion’ shall be replaced by the words ‘without ESMA issuing the opinion’;\n(iv) in paragraph 4, the following subparagraph shall be added:\nIn cases regarding the EFTA States, before preparing a draft in accordance with Article 9(5) of Regulation (EU) No 1095/2010 in view of a decision on the part of the EFTA Surveillance Authority under paragraph 1, ESMA shall consult the ESRB and, where appropriate, other relevant authorities. It shall transmit the observations received to the EFTA Surveillance Authority.\n(v) in paragraph 7, the words ‘any decision’ shall read ‘each of its decisions’;\n(vi) in paragraph 7, the words ‘. The EFTA Surveillance Authority shall publish on its website notice of each of its own decisions to impose or renew any measure referred to in paragraph 1. A reference to the publication of the notice by the EFTA Surveillance Authority shall be posted on ESMA's website’ shall be inserted after the words ‘paragraph 1’;\n(vii) in paragraph 9, the words ‘or, as regards measures taken by the EFTA Surveillance Authority, when the notice is published on the website of the EFTA Surveillance Authority,’ shall be inserted after the words ‘ESMA website’;\n(e) In Article 31, the words ‘, the Standing Committee of the EFTA States’ shall be inserted after the word ‘authorities’;\n(f) In Article 32, as regards the EFTA States, the words ‘, the EFTA Surveillance Authority’ shall be inserted after the word ‘ESMA’;\n(g) In Article 36, as regards the EFTA States, the words ‘and the EFTA Surveillance Authority’ shall be inserted after the word ‘ESMA’;\n(h) In Article 37(3), the words ‘or the EFTA Surveillance Authority, as the case may be,’ shall be inserted after the words ‘required by ESMA’;\n(i) In Article 46, as regards the EFTA States:\n(i) paragraph 1 shall not apply;\n(ii) in paragraph 2, the words ‘25 March 2012’ shall read ‘the date of entry into force of Decision of the EEA Joint Committee No …/… of … [this decision]’.\n29fa. 32012 R 0826: Commission Delegated Regulation (EU) No 826/2012 of 29 June 2012 supplementing Regulation (EU) No 236/2012 of the European Parliament and of the Council with regard to regulatory technical standards on notification and disclosure requirements with regard to net short positions, the details of the information to be provided to the European Securities and Markets Authority in relation to net short positions and the method for calculating turnover to determine exempted shares (OJ L 251, 18.9.2012, p. 1).\n29fb. 32012 R 0827: Commission Implementing Regulation (EU) No 827/2012 of 29 June 2012 laying down implementing technical standards with regard to the means for public disclosure of net position in shares, the format of the information to be provided to the European Securities and Markets Authority in relation to net short positions, the types of agreements, arrangements and measures to adequately ensure that shares or sovereign debt instruments are available for settlement and the dates and period for the determination of the principal venue for a share according to Regulation (EU) No 236/2012 of the European Parliament and of the Council on short selling and certain aspects of credit default swaps (OJ L 251, 18.9.2012, p. 11).\n29fc. 32012 R 0918: Commission Delegated Regulation (EU) No 918/2012 of 5 July 2012 supplementing Regulation (EU) No 236/2012 of the European Parliament and of the Council on short selling and certain aspects of credit default swaps with regard to definitions, the calculation of net short positions, covered sovereign credit default swaps, notification thresholds, liquidity thresholds for suspending restrictions, significant falls in the value of financial instruments and adverse events (OJ L 274, 9.10.2012, p. 1), as amended by:\n32015 R 0097: Commission Delegated Regulation (EU) 2015/97 of 17 October 2014 (OJ L 16, 23.1.2015, p. 22).\n29fd. 32012 R 0919: Commission Delegated Regulation (EU) No 919/2012 of 5 July 2012 supplementing Regulation (EU) No 236/2012 of the European Parliament and of the Council on short selling and certain aspects of credit default swaps with regard to regulatory technical standards for the method of calculation of the fall in value for liquid shares and other financial instruments (OJ L 274, 9.10.2012, p. 16).’.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2016/1171/attachment/6/article/1",
    "retrieved_at": "2026-11-01T15:13:54.656317+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}