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Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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03/02/2017 | ESMA80-1467488426-27 | Supervision Annual Report 2016 and Work Programme 2017 | Credit Rating Agencies, Trade Repositories | Report | PDF 2.49 MB |
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15/05/2009 | 09-220 | Feedback statement- MAD Level 3 – Third set of CESR guidance and information on the common operation of the Directive to the market | Market Abuse | CESR Document | PDF 238.16 KB |
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19/12/2014 | 2014/1569 | Technical Advice to the Commission on MiFID II and MiFIR | MiFID - Investor Protection, MiFID - Secondary Markets | Technical Advice | PDF 2.8 MB |
Reasons for publication The European Securities and Markets Authority (ESMA) received a formal request (mandate) from the European Commission (Commission) on 23 April 2014 to provide technical advice to assist the Commission on the possible content of the delegated acts required by several provisions of Markets in Financial Instruments Directive (MiFID II) and the Markets in Financial Instruments Regulation (MiFIR). The mandate focuses on technical issues which follow from MiFID II and MiFIR and is available on the European Commission website (here). ESMA was required to provide technical advice by no later than six months after the entry into force of MiFID II and MiFIR (2 July 2014). Contents This final report follows the same structure as the Consultation Paper (CP) published by ESMA on 22 May 2014 which is: (1) Introduction, (2) Investor protection, (3) Transparency, (4) Data publication, (5) Micro-structural issues, (6) Requirements applying on and to trading venues, (7) Commodity derivatives and (8) Portfolio compression. This paper also contains summaries of responses to the CP received by ESMA. The rationale of those items covered already in the CP for which no relevant changes have been introduced, is not developed again in this Final Report. ESMA recommends, therefore, to read this report together with the CP published on 22 May 2014 to have a complete vision of the rationale for ESMA’s technical advice. Next steps Delegated acts should be adopted by the Commission so that they enter into application by 30 months following the entry into force of the Directive and Regulation, taking into account the right of the European Parliament and Council to object to a delegated act within 3 months (which can be extended by a further 3 months). | |||
28/09/2015 | 2015-ESMA-1455 | Final Report MAR TS | Market Abuse | Technical Standards | PDF 1.77 MB |
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30/06/2015 | 2015/1006 | Final Report on MiFID II-MiFIR draft technical standards on authorisation, passporting, registration of third country firms and cooperation between competent authorities | MiFID - Investor Protection | Technical Standards | PDF 357.16 KB |
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03/02/2015 | 2015/224 | ESMA’s technical advice on possible delegated acts concerning the Market Abuse Regulation | Market Abuse | Technical Advice | PDF 1021.03 KB |
This advice:• specifies the MAR market manipulation indicators, by providing examples of practices that may constitute market manipulation as well as proposing “additional” indicators of market manipulation; • recommends to set the minimum thresholds that exempt certain market participants in the emission allowance market from publicly disclosing inside information at six million tonnes of CO2eq per year and at 2,430 MW rated thermal input;• suggests the way to determine to which regulator delays in disclosure of inside information needs to be notified. • provides clarifications on the enhanced disclosure of managers’ transactions. - ESMA recommends disclosing any acquisition, disposal, subscription or exchange of financial instruments of the relevant issuer or related financial instruments carried out by managers,, further illustrated through a non-exhaustive list of types of transactions subject to this obligation. . ESMA also clarifies the transactions that can be allowed by the issuer during a closed period when normally managers are prohibited to trade; and• proposes procedures and arrangements to ensure sound whistleblowing infrastructures – i.e. EU national regulators should allow the receipt of reports of infringements, including appropriate communication channels and guarantee the protection of reporting and reported persons, with respect to their identity and their personal data. Next steps ESMA has sent its technical advice to the European Commission for its consideration in drafting its implementing standards regarding MAR. ESMA’s regulatory technical standards regarding MAR will be delivered in July 2015. | |||
13/07/2016 | 2016/1130 | Final Report on the Market Abuse Regulation Guidelines | Market Abuse, Market Integrity | Report | PDF 852.59 KB |
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05/02/2016 | 2016/234 | ESMA’s supervision of credit rating agencies and trade repositories- 2015 annual report and 2016 work plan. | Credit Rating Agencies, Trade Repositories | Report | PDF 2.08 MB |
The European Securities and Markets Authority’s (ESMA) annual report and work programme has been prepared according to Article 21 of Regulation 1060/2009 on credit rating agencies as amended (the CRA Regulation) and Article 85 of Regulation 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR). It highlights the direct supervisory activities carried out by ESMA during 2015 regarding credit rating agencies (CRAs) and trade repositories (TRs) and outlines ESMA’s main priorities in these areas for 2016. ESMA adopts a risk-based approach to the supervision of CRAs and TRs in accordance with its overall objectives of promoting financial stability and orderly markets and enhancing investor protection. This risk-based approach requires the analysis of information from a variety of sources and the application of multiple supervisory tools including day-to-day supervision, cycle of engagement meetings with supervised entities, on-site inspections and dedicated investigations. In order to build on the expertise that ESMA has developed through its supervision of CRAs and TRs, ESMA created a single Supervision Department in November 2015. ESMA intends to draw on the best practices identified from the supervision of both types of entity to further enhance its supervisory effectiveness in future. |
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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 338.72 KB |
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06/04/2020 | ESMA 50-165-1098 | ESMA annual statistical report on performance and costs of retail investment products in the EU- 2020 | Fund Management, Innovation and Products, MiFID - Investor Protection | Report | PDF 4.08 MB |
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17/07/2019 | ESMA35-36-1711 | Report on sanctions and measures imposed under MiFID II in 2018 | MiFID - Investor Protection | Report | PDF 296.09 KB |
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01/04/2020 | ESMA35-43-2126 | Technical Advice on the impact of the inducements and costs and charges disclosure requirements under MiFID II | MiFID - Investor Protection | Technical Advice | PDF 464.68 KB |
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04/02/2020 | ESMA35-43-2134 | ESMA’s Technical Advice to the Commission on the effects of product intervention measures | MiFID - Investor Protection | Technical Advice | PDF 425.6 KB |
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13/07/2020 | ESMA35-43-2427 | Sanctions and measures imposed under MiFID II in 2019 | MiFID - Investor Protection | Report | PDF 563.38 KB |
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29/03/2021 | ESMA35-43-2430 Final Report ESMA’s Technical Advice to the Commi | Technical Advice on the application of administrative and criminal sanctions under MiFID II/MiFIR | MiFID - Investor Protection | Technical Advice | PDF 337.33 KB |
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27/01/2021 | ESMA35-43-2507 | Report to the EU institutions Article 52 MiFIR | MiFID - Investor Protection | Report | PDF 354.1 KB |
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19/07/2021 | ESMA35-43-2751 | Sanctions and measures imposed under MiFID II in 2020 | MiFID - Investor Protection | Report | PDF 383.39 KB |
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24/07/2018 | ESMA42-111-4653 | Follow-up Report to the Peer Review on MiFID Suitability Requirements | MiFID - Investor Protection | Report | PDF 435.05 KB |
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11/01/2017 | ESMA42-1643088512-2962 | ESMA42-1643088512-2962 Follow-up Report to the Peer Review on Best Execution | MiFID - Investor Protection, MiFID - Secondary Markets, Supervisory convergence | Report | PDF 774.17 KB |
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01/06/2018 | ESMA50-162-214 | Product Intervention Analysis Binary Options | MiFID - Investor Protection, Risk Analysis & Economics - Markets Infrastructure Investors | Report | PDF 776.15 KB |