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|28/05/2021||ESMA81-393-98||Supervisory Briefing on Benchmark administrators’ presence in their Member States of location and outsourcing||Benchmarks, Supervisory convergence||Report||PDF
|12/04/2011||2011/116 Annex 2||Progress report on equivalence of Indian Accounting Standards with IFRS||IAS Regulation||Report||PDF
|27/03/2013||2013/428||EMIR: A Fair Price for Safety and Transparency||Post Trading, Speeches||Speech||PDF
EMIR: A Fair Price for Safety and Transparency - speech by Steven Maijoor, ESMA Chair, at the EMIR conference in the Hague
|07/05/2014||2014/478||Keynote Speech at AFME Post Trade Conference- The reform of financial markets: halfway there- Steven Maijoor, ESMA Chair||Post Trading||Speech||PDF
Keynote Speech - The reform of financial markets: halfway there Steven Maijoor, ESMA Chair AFME Post Trade Conference, London Excerpt "Three challenges Ladies and gentlemen, so far so good about the completion of the legislation to meet our G20 commitments and developing a single rulebook for financial services. Let me now turn to the three main challenges I see in the current phase of regulatory reform. My main message is that while the legislative phase nears completion, it does not imply the completion of the regulatory reform programme. Let me explain that further by identifying three commitments for the next phase of regulatory reform. Firstly, commitment to the financial reform, its implementation and to adequate supervision. Legislation needs to be accompanied by good implementing measures, to ensure the legislation works in practice, and credible supervision. Secondly, a commitment to supervisory convergence in order to establish a truly internal market and to prevent regulatory arbitrage within the EU. Agreeing at EU level on a single rule book for all 28 Member States is a big step. However, ensuring that this single rule book is supervised consistently across the 28 Member States is an even bigger step. Thirdly, in order to prevent crises we need commitment to the lessons learned from the crisis regarding risk analysis and the availability of high quality data on financial markets. We need more information on securities markets. Since the beginning of the financial crisis securities regulators have learned a lot about how to deal with financial stability – an area that was beforehand mainly reserved for central bankers and banking regulators. Information on financial markets is key to achieve the financial stability objective. It is therefore no surprise that many pieces of recently introduced legislation already include data requirements. Securities regulators however also need to step up their role on this and need more resources to collect and analyse data. It goes without saying that more data and analysis will also support our other important objective of investor protection."
|05/01/2016||2015/1791||Peer Review Report Compliance with SSR as regards Market Making activities||Supervisory convergence||Report||PDF
|24/06/2016||2016/1002||Speech Banque de France conference on CCPs – Steven Maijoor, Paris, 24 June 2016||Post Trading||Speech||PDF
|04/10/2016||2016/1415||ESMA reporton on securities financing transactions and leverage in the EU||Post Trading, Risk Analysis & Economics - Markets Infrastructure Investors||Report||PDF
|22/12/2016||2016/1683||Peer Review on CCPs' Margin and Collateral requirements||Post Trading||Report||PDF
|01/02/2016||2016/174||Final Report on CSDR RTS on settlement discipline||Post Trading||Report||PDF
|01/02/2016||2016/174/Annex IV||Impact assessment on CSDR RTS on settlement discipline||Post Trading||Report||PDF
|16/02/2016||2016/297||Follow-up MMF||Fund Management, Supervisory convergence||Report||PDF
|29/03/2016||2016/410||ESMA Report on Enforcement and Regulatory Activities of Accounting Enforcers in 2015||Corporate Disclosure, IFRS Supervisory Convergence, Supervisory convergence||Report||PDF
This report provides an overview of the activities of the European Securities and Markets Authority (ESMA) and the accounting enforcers in the European Economic Area (EEA), thereafter, ‘European enforcers’, when examining compliance of financial information provided by issuers listed on regulated markets with the applicable financial reporting framework in 2015. It also provides an overview of the main activities performed at European level, quantitative information on enforcement activities in Europe as well as ESMA’s contribution to the development of the single rule book in the area of financial reporting. In addition, it also outlines ESMA’s activities for 2016 in the area of corporate reporting following its Supervisory Convergence Work Programme.
Following the implementation of the ESMA Guidelines on enforcement of financial information (hereafter the Guidelines on enforcement), ESMA and European enforcers have further strengthened supervisory convergence in the area of enforcement of financial information. The Guidelines on enforcement significantly contributed to the alignment of supervisory approaches/procedures through the use of harmonised key concepts for examinations, of a common set of enforcement priorities, of common rules for enforcement actions and of a single set of criteria for identifying accounting matters for which coordination at European level within ESMA is needed. In the last area, the number of accounting issues discussed by the enforcers before taking enforcement decisions increased significantly (65 emerging issues in 2015 vs 47 in 2014) and contributed to enhancing supervisory convergence as enforcers should take into account the outcome of these discussions when taking decisions .
In 2015 ESMA and European enforcers evaluated the level of compliance with IFRS in the areas identified as common enforcement priorities for the 2014 annual financial statements on a sample of 189 issuers. This assessment resulted in 40 enforcement actions being taken on shortcomings in the disclosures of assumptions and judgements supporting the recognition of deferred tax assets arising from tax losses, when assessing control or classifying joint arrangements.
As in previous years, ESMA together with European enforcers identified and included in their supervisory practices a set of common enforcement priorities significant for European issuers when preparing their 2015 IFRS financial statements. These priorities include the impact of the financial markets’ conditions in IFRS financial statements, presentation of the statement of cash flows and related disclosures as well as the fair value measurement of non-financial assets and related disclosures. Specific references to some of the 2014 common priorities and to the new IFRS requirements, notably on IFRS 9 Financial Instruments and IFRS 15 Revenue from Contracts with Customers are also part of these priorities.
As a response to increased concerns in the markets, ESMA issued Guidelines on Alternative Performance Measures (hereafter the Guidelines on APMs) which are aimed at contributing to the publication of transparent, unbiased and comparable information by European issuers on their financial performance. The Guidelines on APMs will apply to APMs disclosed by issuers when publishing regulated information or persons responsible for the prospectus. European enforcers had to adapt their supervisory procedures and declare their compliance to these guidelines.
Also as part of the supervisory convergence activities, ESMA issued an Opinion on the application of the IFRS requirements on the cash contributions to Deposit Guarantee Schemes (DGS) in order to address the divergence in the application and enforcement in the accounting treatment applicable to these contributions and to prevent it from becoming widespread.
ESMA published a Statement referring to principles relevant for improving the quality of disclosures as a response to concerns expressed by users on the overload, lack of completeness or relevance of the information provided in the financial statements.
Finally, European enforcers examined the interim or annual financial statements of approximately 1,200 issuers representing an average examination rate of 20% of all IFRS issuers with securities listed on regulated markets, out of which 14% related to unlimited scope examinations and 6% to focused examinations. As a result of these activities, European enforcers took actions addressing material departures against 273 issuers, representing around 25% of the selected sample. The main deficiencies were identified in the areas of financial statements presentation, impairment of non-financial assets and accounting for financial instruments.
Single Rule Book
ESMA actively participated to the accounting standard setting process by providing European enforcers’ positions on all major new standards issued by the International Accounting Standards Board (IASB) and by contributing to the discussions in the EFRAG Board and the Technical Expert Group (EFRAG TEG) meetings. Notably, ESMA provided specific input to the due process and endorsement advices on IFRS 9, in aspects related to investor protection and financial stability as well as on its interaction with IFRS 4 Insurance Contracts. In addition, ESMA also contributed to the consistent application of IFRS by engaging with the IASB and the IFRS Interpretations Committee (IFRS IC) when relevant issues were identified by enforcers and where a lack of clarity in IFRS could contribute to their divergent application.
In accordance with its mandate under the Transparency Directive, ESMA has submitted to the European Commission for endorsement the draft Regulatory Technical Standards (RTS) on the European Electronic Access Point (EEAP) and published the consultation paper on the draft RTS on European Single Electronic Format (ESEF).
ESMA published its Supervisory Convergence Work Programme which covers, among other topics, the activities of accounting enforcers. In addition to the regular activities, ESMA envisages to start carrying out peer reviews on some of the ESMA Guidelines on enforcement, to publish statements on the implementation of new major IFRS and to develop supervisory briefings to align procedures of European enforcers when monitoring and enforcing the Guidelines on APMs and disclosures in the financial statements.
|22/06/2016||2016/989||Speech ISLA's 25th Anniversary Conference- Steven Maijoor, 22 June 2016, Vienna||Securities Financing Transactions, Speeches||Speech||PDF
|04/05/2020||ESAs 2020 09||EMIR RTS on various amendments to the bilateral margin requirements in view of the international framework||COVID-19, Joint Committee, Post Trading||Report||PDF
|18/01/2017||ESAS-2017-82||Report on the functionning of the CRR with the related obligations under EMIR||Post Trading||Report||PDF
|04/02/2019||ESMA20-95-1105||2019 Regulatory Work Programme||Board of Supervisors, Planning reporting budget, Supervisory convergence||Report||PDF
|02/12/2020||ESMA22-103-1194||Keynote address – CMU and current challenges- Verena Ross, International Investors Conference Frankfurt||COVID-19, MiFID - Investor Protection, MiFID - Secondary Markets, Speeches, Supervisory convergence||Speech||PDF
|14/10/2021||ESMA24-436-13||Opening Statement ECON Hearing 14 October 2021||Board of Supervisors, Brexit, CCP Directorate, Corporate Information, Credit Rating Agencies, Innovation and Products, Joint Committee, Speeches, Supervisory convergence, Sustainable finance||Speech||PDF
|14/10/2021||ESMA24-436-15||Annex to the Opening Statement ECON Hearing 14 October 2021||Board of Supervisors, Brexit, CCP Directorate, Corporate Information, Credit Rating Agencies, Innovation and Products, Joint Committee, Speeches, Supervisory convergence, Sustainable finance||Speech||PDF
|05/04/2017||ESMA31-54-435||Report on shareholder identification and communication systems||Corporate Finance, Corporate Governance||Report||PDF