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Regulation (EU) No 236/2012 of the European Parliament and of the CouncilShow full title

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 (Text with EEA relevance)

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  1. Introductory Text

  2. CHAPTER I GENERAL PROVISIONS

    1. Article 1.Scope

    2. Article 2.Definitions

    3. Article 3.Short and long positions

    4. Article 4.Uncovered position in a sovereign credit default swap

  3. CHAPTER II TRANSPARENCY OF NET SHORT POSITIONS

    1. Article 5.Notification to competent authorities of significant net short positions in shares

    2. Article 6.Public disclosure of significant net short positions in shares

    3. Article 7.Notification to competent authorities of significant net short positions in sovereign debt

    4. Article 8.Notification to competent authorities of uncovered positions in sovereign credit default swaps

    5. Article 9.Method of notification and disclosure

    6. Article 10.Application of notification and disclosure requirements

    7. Article 11.Information to be provided to ESMA

  4. CHAPTER III UNCOVERED SHORT SALES

    1. Article 12.Restrictions on uncovered short sales in shares

    2. Article 13.Restrictions on uncovered short sales in sovereign debt

    3. Article 14.Restrictions on uncovered sovereign credit default swaps

    4. Article 15.Buy-in procedures

  5. CHAPTER IV EXEMPTIONS

    1. Article 16.Exemption where the principal trading venue is in a third country

    2. Article 17.Exemption for market making activities and primary market operations

  6. CHAPTER V POWERS OF INTERVENTION OF COMPETENT AUTHORITIES AND OF ESMA

    1. SECTION 1 Powers of competent authorities

      1. Article 18.Notification and disclosure in exceptional circumstances

      2. Article 19.Notification by lenders in exceptional circumstances

      3. Article 20.Restrictions on short selling and similar transactions in exceptional circumstances

      4. Article 21.Restrictions on sovereign credit default swap transactions in exceptional circumstances

      5. Article 22.Measures by other competent authorities

      6. Article 23.Power to restrict short selling of financial instruments temporarily in the case of a significant fall in price

      7. Article 24.Period of restrictions

      8. Article 25.Notice of restrictions

      9. Article 26.Notification to ESMA and other competent authorities

    2. SECTION 2 Powers of ESMA

      1. Article 27.Coordination by ESMA

      2. Article 28.ESMA intervention powers in exceptional circumstances

      3. Article 29.ESMA’s powers in emergency situations relating to sovereign debt

      4. Article 30.Further specification of adverse events or developments

      5. Article 31.Inquiries by ESMA

  7. CHAPTER VI ROLE OF COMPETENT AUTHORITIES

    1. Article 32.Competent authorities

    2. Article 33.Powers of competent authorities

    3. Article 34.Professional secrecy

    4. Article 35.Obligation to cooperate

    5. Article 36.Cooperation with ESMA

    6. Article 37.Cooperation in case of request for on-site inspections or investigations

    7. Article 38.Cooperation with third countries

    8. Article 39.Transfer and retention of personal data

    9. Article 40.Disclosure of information to third countries

    10. Article 41.Penalties

  8. CHAPTER VII DELEGATED ACTS

    1. Article 42.Exercise of the delegation

    2. Article 43.Deadline for the adoption of delegated acts

  9. CHAPTER VIII IMPLEMENTING ACTS

    1. Article 44.Committee procedure

  10. CHAPTER IX TRANSITIONAL AND FINAL PROVISIONS

    1. Article 45.Review and report

    2. Article 46.Transitional provision

    3. Article 47.Staff and resources of ESMA

    4. Article 48.Entry into force

  11. Signature

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