All transactions in connection with buy-back programmes (second sentence of Article 2(2) of Commission Delegated Regulation (EU) 2016/1052) or stabilisation measures (Article 5(5) of the MAR) must be notified to BaFin no later than by the end of the seventh trading day following the date of the execution of the transaction. A consequence of this is that transactions do not have to be notified daily, but can be collected for seven trading days and then notified collectively. However, it should be noted that none of the transactions may be notified later than by the end of the seventh trading day following its execution. Transactions in connection with buy-back programmes must be notified both in a detailed form and in an aggregated form (second sentence of Article 2(2) of Commission Delegated Regulation (EU) 2016/1052), where the aggregated form must indicate the aggregated volume and the weighted average price per day and per trading venue (third sentence of Article 2(2) of Commission Delegated Regulation (EU) 2016/1052).

As indicated by a cross-reference to Article 25(1) of Regulation (EU) No 600/2014 (MiFIR)¹ in Article 5(3) of the MAR, the transaction notifications relating to buy-back programmes must also include order data. Neither the MAR nor Commission Delegated Regulation (EU) 2016/1052 provides for a corresponding obligation to notify order data for transactions in connection with stabilisation measures.

In addition to the notification obligation to BaFin, there may also be notification obligations to the supervisory authorities of other EU member states: for both buy-back programmes (second sentence of Article 2(2)) and for stabilisation measures (point (a) of second sentence of Article 6(4)), Commission Delegated Regulation (EU) 2016/1052 sets out that the issuer must notify the competent authority of each trading venue on which the securities are admitted to trading or traded of all transactions relating to the buy-back programme or the stabilisation measure.

The transaction reports to be notified for buy-back programmes (Article 5(3) of the MAR in conjunction with Article 2(2) Commission Delegated Regulation (EU) 2016/1052) and for stabilisation measures (Article 5(5) MAR in conjunction with the second sentence of Article 6(4) of Commission Delegated Regulation (EU) 2016/1052) should be notified electronically to BaFin. BaFin is making available a corresponding electronic specialised procedure via the MVP Portal for this purpose. Under https://www.bafin.de/dok/8690528, BaFin provides templates (Excel files) that can be downloaded, populated with the corresponding transaction data and subsequently transmitted to BaFin via the specialised procedure using the MVP Portal. The template files must be populated using part of the data to be reported under Article 26 or Article 25 of MiFIR. The template files each contain a workbook in German and English, but only one language version has to be populated.

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