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Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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04/04/2019 | ESMA34-45-651 | UCITS Sanction Report 2016/2017 | Fund Management | Report | PDF 398.96 KB |
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11/01/2018 | ESMA80-196-954 | Thematic Report- On fees charged by Credit Rating Agencies and Trade Repositories | Credit Rating Agencies, Trade Repositories | Report | PDF 1.14 MB |
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01/04/2020 | ESMA70-156-2287 | Technical Advice to the European Commission on weekly position reports under MiFID II | MiFID - Secondary Markets, Supervisory convergence | Technical Advice | PDF 231.84 KB |
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27/03/2014 | 2014/312 | Technical advice to the European Commission on the information that competent authorities should provide to ESMA pursuant to Article 67(3) of the AIFMD | Fund Management | Technical Advice | PDF 330.79 KB |
Reasons for publication ESMA is issuing this technical advice in response to the mandate received from the European Commission on 20 December 2013 for advice on the possible content of the delegated act required by Article 67(5) of the AIFMD, concerning the information that EU competent authorities have to provide quarterly to ESMA pursuant to Article 67(3) of the Directive. This information is needed in order to allow ESMA to produce the opinion and the advice required in Article 67(1) of the AIFMD, in relation to the possible extension of the AIFMD passport to non-EU AIFs and non-EU AIFMs. Contents Section II describes the background of the proposal. Section III specifies the timing for the provision of the information to ESMA and lists the information that the competent authorities should provide quarterly to ESMA. The list of information is divided into three parts: the first refers to the information about the functioning of the passport for EU AIFMs; the second deals with the functioning of the national private placement regime for non-EU AIFs and non-EU AIFMs; and the third refers to the issues arising from the functioning of both systems. Finally, Section IV reproduces the mandate for advice issued by the European Commission. Next steps ESMA will cooperate closely with the European Commission in order to facilitate an expeditious adoption of the delegated act required by Article 67(5) of the AIFMD. | |||
24/01/2014 | 2013/1965 | Technical Advice to the Commission on procedural rules to impose fines and periodic penalty payments to Trade Repositories | Post Trading | Technical Advice | PDF 385.87 KB |
Reasons for publication On 29 of April 2013 ESMA received a formal request from the European Commission (the Commission) to provide technical advice to assist the Commission in formulating procedural rules to impose fines and periodic penalty payments to trade repositories (TRs) by delegated act. In order to deliver its advice to the Commission, ESMA consulted market participants regarding the procedural rules to impose fines and periodic penalty payments to TRs. Respondents to the consultation were encouraged to provide the relevant information in support of their arguments or proposals. ESMA published the consultation on 18 October 2013. The market participants could provide their comments until 15 November 2013. In total ESMA received two responses to the consultation. The respondents have required confidential treatment for their input. ESMA would like to thank respondents for providing input. Contents This document sets out a summary of the responses received by ESMA regarding the procedural rules to impose fines and periodic penalty payments to TRs and includes ESMA’s final technical advice to the Commission on the future Regulation on the procedural rules to impose fines and periodic penalty payments to TRs which will be adopted by the Commission in the form of a delegated act. It is worth noting that all major ESMA proposals were supported by respondents and where comments were received ESMA has considered them carefully. Next steps ESMA will follow-up on this work with the Commission towards the adoption of the Commission delegated regulation on procedural rules to impose fines and periodic penalty payments to TRs. |
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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). | |||
03/09/2013 | 2013/1157 | Technical advice on third country regulatory equivalence under EMIR – US | Post Trading | Technical Advice | PDF 5.06 MB |
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03/09/2013 | 2013/1162 | Technical advice on third country regulatory equivalence under EMIR – Switzerland | Post Trading | Technical Advice | PDF 3.65 MB |
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03/09/2013 | 2013/1161 | Technical advice on third country regulatory equivalence under EMIR – Singapore | Post Trading | Technical Advice | PDF 3.55 MB |
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03/09/2013 | 2013/1158 | Technical advice on third country regulatory equivalence under EMIR – Japan | Post Trading | Technical Advice | PDF 3.76 MB |
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03/09/2013 | 2013/1160 | Technical advice on third country regulatory equivalence under EMIR – Hong Kong | Post Trading | Technical Advice | PDF 3.57 MB |
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03/09/2013 | 2013/1159 | Technical advice on third country regulatory equivalence under EMIR – Australia | Post Trading | Technical Advice | PDF 3.82 MB |
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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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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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11/11/2019 | ESMA70-151-2649 | Technical advice on comparable compliance | Post Trading | Technical Advice | PDF 790.06 KB |
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09/12/2019 | ESMA70-151-2820 | Supervisory measures and Penalties under Articles 4, 9, 10 and 11 of EMIR | Post Trading, Supervisory convergence | Report | PDF 819.71 KB |
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07/02/2018 | ESMA42-114-540 | Supervisory Convergence Work Programme 2018 | Supervisory convergence | Report | PDF 611.01 KB |
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03/06/2019 | ESMA70-156-835 | Supervisory Briefing PreTradeTransparency Non-Equity Instruments | MiFID - Secondary Markets, Supervisory convergence | Report | PDF 148.65 KB |
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04/06/2020 | ESMA34-39-1042 | Supervisory briefing on the supervision of costs in UCITS and AIFs | Fund Management, Supervisory convergence | Report | PDF 162.41 KB |
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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 200.21 KB |