S.I. No. 443/2022 - European Union (Markets in Financial Instruments) (Amendment) (No. 4) Regulations 2022


Notice of the making of this Statutory Instrument was published in

“Iris Oifigiúil” of 9th September, 2022.

I, PASCHAL DONOHOE, Minister for Finance, in exercise of the powers conferred on me by section 3 of the European Communities Act 1972 (No. 27 of 1972), and for the purpose of giving further effect to Directive 2014/65/EU of the European Parliament and of the Council of 15 May 20141 , as amended by Regulation (EU) 2022/858 of the European Parliament and of the Council of 30 May 20222 , hereby make the following regulations:

Citation and commencement

1. (1) These Regulations may be cited as the European Union (Markets in Financial Instruments) (Amendment) (No. 4) Regulations 2022.

(2) These Regulations shall come into operation on 23 March 2023.

Definition

2. In these Regulations, “Principal Regulations” means the European Union (Markets in Financial Instruments) Regulations 2017 ( S.I. No. 375 of 2017 ).

Amendment of Regulation 3 of Principal Regulations

3. Regulation 3 of the Principal Regulations is amended, in paragraph (1), by the substitution of the following definition for the definition of “financial instrument”:

“ ‘financial instrument’ means any of the instruments specified in Part 3 of Schedule 1 (including where such an instrument is issued by means of distributed ledger technology);”.

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GIVEN under my Official Seal,

6 September, 2022.

PASCHAL DONOHOE,

Minister for Finance.

EXPLANATORY NOTE

(This note is not part of the Instrument and does not purport to be a legal interpretation)

These Regulations amend the European Union (Markets in Financial Instruments) Regulations 2017 ( S.I. No.375 of 2017 ) to extend the definition of financial instrument to include those instruments issued by way of distributed ledger technology (DLT), as required by Regulation (EU) 2022/858 on a pilot regime for market infrastructures based on distributed ledger technology.

1 OJ No. L. 173, 12.06.2014, p. 349.

2 OJ No. L. 151, 02.06.2022, p. 1.