Article 18 Prevention of disorderly trading conditions(Article 48(4), (5) and (6) of Directive 2014/65/EU)
- (1)
Trading venues shall have at least the following arrangements in place to prevent disorderly trading and breaches of capacity limits:
- (a)
limits per member of the number of orders sent per second;
- (b)
mechanisms to manage volatility;
- (c)
pre-trade controls.
- (a)
- (2)
For the purposes of paragraph 1, trading venues shall be able to:
- (a)
request information from any member or user of sponsored access on their organisational requirements and trading controls;
- (b)
suspend a member's or a trader's access to the trading system at the initiative of the trading venue or at the request of that member, a clearing member, the CCP, where provided for in the CCP's governing rules, or the competent authority;
- (c)
operate a kill functionality to cancel unexecuted orders submitted by a member, or by a sponsored access client under the following circumstances:
- (i)
upon request of the member, or of the sponsored access client where the member, or client is technically unable to delete its own orders;
- (ii)
where the order book contains erroneous duplicated orders;
- (iii)
following a suspension initiated either by the market operator or the competent authority;
- (i)
- (d)
cancel or revoke transactions in case of malfunction of the trading venue's mechanisms to manage volatility or of the operational functions of the trading system;
- (e)
balance entrance of orders among their different gateways, where the trading venue uses more than one gateway in order to avoid collapses.
- (a)
- (3)
Trading venues shall set out policies and arrangements in respect of:
- (a)
mechanisms to manage volatility in accordance with Article 19;
- (b)
pre-trade and post-trade controls used by the venue and pre-trade and post-trade controls necessary for their members to access the market;
- (c)
members' obligation to operate their own kill functionality;
- (d)
information requirements for members;
- (e)
suspension of access;
- (f)
cancellation policy in relation to orders and transactions including:
- (i)
timing;
- (ii)
procedures;
- (iii)
reporting and transparency obligations;
- (iv)
dispute resolution procedures;
- (v)
measures to minimise erroneous trades;
- (i)
- (g)
order throttling arrangements including:
- (i)
number of orders per second on pre-defined time intervals;
- (ii)
equal-treatment policy among members unless the throttle is directed to individual members;
- (iii)
measures to be adopted following a throttling event.
- (i)
- (a)
- (4)
Trading venues shall make public their policies and arrangements set out in paragraphs 2 and 3. That obligation shall not apply with regard to the specific number of orders per second on pre-defined time intervals and the specific parameters of their mechanisms to manage volatility.
- (5)
Trading venues shall maintain full records of their policies and arrangements under paragraph 3 for a minimum period of five years.