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Type of document
|Date||Ref.||Title||Section||Type||Download||Info||Summary||Related Documents||Translated versions|
|11/05/2005||05-274||Feedback Statement- Market Abuse Directive, Level 3 – first set of guidance and information on the common operation of the Directive||Market Abuse||Final Report||PDF
|22/11/2007||07-693||Report on Administrative Measures and Sanctions available in Member States under the Market Abuse Directive (MAD)||Market Abuse||Final Report||PDF
|28/02/2008||08-099||CESR Executive summary to the report on administrative measures and sanctions as well as the criminal sanctions available in Member States under the Market Abuse Directive||Market Abuse||Final Report||PDF
|17/12/2020||106/20/COL||ESA Third Renewal Decision under Art. 28(1) SSR||COVID-19, Market Integrity, Short Selling||Decision||PDF
|19/12/2011||2011/BS/229||Decision of the European Securities and Markets Authority establishing its Review Panel||Board of Supervisors, Corporate Information, Supervisory convergence||Decision||PDF
|This decision establishes the Review Panel of ESMA and sets out its mandate.|
|10/03/2011||2011/MB/3||Decision of the Management Board- Internal language arrangements||Management Board, Corporate Information||Decision||PDF
|10/03/2011||2011/MB/4||Decision of the Management Board- Professional secrecy||Management Board, Corporate Information||Decision||PDF
|31/05/2011||2011/MB/69||Decision of the Management Board- Access to documents||Management Board, Corporate Information||Decision||PDF
|22/06/2012||2012/382||MiFID Q&A in the area of investor protection and intermediaries||MiFID - Investor Protection||Q&A||PDF
|06/07/2012||2012/387||Final report Guidelines on certain aspects of the MiFID suitability requirements||Guidelines and Technical standards, MiFID - Investor Protection||Final Report||PDF
|03/01/2013||2012/875||Report to the European Parliament, the Council and the Commission on the budgetary impli-cations of Regulation (EU) No 236/2012 on short selling and certain aspects of credit default swaps||Short Selling||Final Report||PDF
|01/02/2013||2013/158||Guidelines on the exemption for market making activities and primary market operations under Regulation (EU) 236/2012 of the European Parliament and the Council on short selling and certain aspects of Credit Default Swaps||Short Selling||Final Report||PDF
|30/01/2013||2013/159||Q&A on Implementation of the Regulation on short selling and certain aspects of credit default swaps (2nd update)||Short Selling||Q&A||PDF
|01/07/2013||2013/805||Supervisory Practices under MAD- Peer review report and Good Practices||Market Abuse, Supervisory convergence||Final Report||PDF
|ESMA's peer review of the supervisory practices EEA national competent authorities (NCAs) covers how national authorities enforce the requirements of the Market Abuse Directive (MAD). The Directive deals with the prevention of the dissemination of misleading information, the breach of reporting obligations and market abuse.|
|01/07/2013||2013/806||Supervisory Practices under MAD- Mapping Report||Market Abuse, Supervisory convergence||Final Report||PDF
|ESMA's Mapping Report on Supervisory Practices under MAD sets out the situation in each Member State as regards their implementation of the various requirements of the Market Abuse Directive.|
|23/09/2014||2014/1164 Annex||Annex to the Statement by Steven Maijoor, Chair of ESMA to the ECON hearing, 23 September 2014||Corporate Information||Final Report||PDF
|28/09/2015||2015/1455 CBA||Cost analysis for Final Report on MAR technical standards||Market Abuse||Final Report||PDF
|30/11/2015||2015/1783||Final Report on complex debt instruments and structured deposits||MiFID - Investor Protection||Final Report||PDF
|22/12/2015||2015/1861||Final report- Guidelines on cross-selling practices||MiFID - Investor Protection||Final Report||PDF
|17/12/2015||2015/1886||Final report on guidelines for the assessment of knowledge and competence||MiFID - Investor Protection||Final Report||PDF
Reasons for publication
1. Article 25(1) of Directive 2014/65/EU (MiFID II) states that Member States shall require investment firms to ensure and demonstrate to competent authorities on request that natural persons giving investment advice or providing information about financial instruments, investment services or ancillary services to clients on behalf of the investment firm possess the necessary knowledge and competence to fulfil their obligations under Article 24 and Article 25 .
2. The European Securities and Markets Authority is required by Article 25(9) of MiFID II to develop – by 3 January 2016 - guidelines specifying criteria for the assessment of knowledge and competence of investment firms’ personnel. The guidelines will come into effect on 3 January 2017.
3. In accordance with Article 16(2) of the ESMA Regulation, a consultation was launched on 23 April 2015. The Consultation Paper (CP) set out draft ESMA guidelines for the assessment of knowledge and competence of individuals in investment firms providing investment advice or information about financial instruments, investment services or ancillary services to clients on behalf of the investment firm. The consultation period closed on 10 July 2015.
4. ESMA received 80 responses. The answers received on the CP are available on ESMA’s website unless respondents requested otherwise.
5. As provided by Article 16 of the ESMA Regulation, ESMA also sought the advice of the Securities and Markets Stakeholder Group’s (SMSG).
6. This paper contains summaries of responses received and feedback statements provided by ESMA. ESMA recommends that this report should be read together with the CP published on 23 April 2015 to have a complete understanding of the rationale for the guidelines. The final guidelines presented in Annex VI take into account the comments and suggestions raised by respondents.
7. Section II briefly summarises the feedback to the CP and the main responses from ESMA.
8. Section III contains the Annexes: Annex I provides the Summary of questions, Annex II contains the legislative mandate, Annex III reports the cost-benefit analysis, Annex IV reports the Opinion of the Securities and Markets Stakeholder Group, Annex V details the feedback on the CP, Annex VI sets out the final text of the guidelines and Annex VII describes some illustrative examples of the application of certain aspects of the guidelines.
9. The final guidelines in Annex VI will be translated into the official EU languages and published on the ESMA website. The publication of the translations will trigger a two-month period during which National Competent Authorities (NCAs) must notify ESMA whether they comply or intend to comply with the guidelines.