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Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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28/09/2015 | 2015-ESMA-1464 Annex I | 2015-ESMA-1464 Annex I- draft RTS and ITS on MiFID II and MiFIR | MiFID - Secondary Markets | Technical Standards | PDF 2.85 MB |
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24/02/2021 | ESMA70-156-3926 | Annual Report 2020 Non-equity Waivers and Deferrals | MiFID - Secondary Markets | Annual Report | PDF 2.44 MB |
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20/12/2013 | 2013/1970 | Draft Regulatory Technical Standards on specific situations that require the publication of a supplement to the prospectus | Prospectus, Corporate Disclosure | Technical Standards | PDF 713.74 KB |
The Final Report contains the draft Regulatory Technical Standard (RTS) on situations which require the publication of a supplement to the prospectus which ESMA is required to submit to the European Commission by 1 January 2014 in accordance with Article 16(3) of the Prospectus Directive. The Report furthermore includes a summary of the main responses received to ESMA’s Consultation Paper which was published in March 2013. The draft RTS sets out nine situations which are always considered to be significant in the context of securities issuance and where a supplement to the prospectus will always be required. Other situations would require a case-by-case assessment. | |||
05/05/2015 | JC/2015/02 | ESAs- main risks to EU financial market stability have intensified | Risk Analysis & Economics - Markets Infrastructure Investors, Press Releases, Joint Committee | Press Release | PDF 125.34 KB |
The Joint Committee of the European Supervisory Authorities (ESAs) published its fifth Report on Risks and Vulnerabilities in the EU Financial System. Overall, the report found that in the past six months, risks affecting the EU financial system have not changed in substance, but have further intensified. The EU’s economic performance improved slightly in early 2015, however the financial sector in general continues to be affected by a combination of factors such as low investment demand, economic uncertainty in the Eurozone and its neighbouring countries, a global economic slow-down and a low-interest rate environment. The main risks affecting the financial system remain broadly unchanged from those identified in the report’s previous edition, but have become more entrenched. The major risks include: • Low growth, low inflation, volatile asset prices and their consequences for financial entities; • Search for yield behaviour exacerbated by potential rebounds; • Deterioration in the conduct of business; and • Increased concern about IT risks and cyber-attacks. Despite these risks, a number of ongoing policy and regulatory initiatives are contributing to improving the stability and confidence in the financial system as well as facilitating additional funding channels to the real economy. These include ongoing regulatory reforms in the securities, banking and insurance sectors such as the Markets in Financial Instruments Directive (MiFID II) and Regulation (MiFIR), the work on the implementation of the Capital Requirements Directive and Regulation (CRDIV/CRR), the work on the Bank Recovery and Resolution Directive (BRRD), the Deposit-Guarantee Schemes Directive (DGS) and the Solvency II Directive, as well as the European Commission’s plan for a Capital Markets Union (CMU). Steven Maijoor, Chair of the European Securities and Markets Authority (ESMA) and the current Chairman of the Joint Committee, said: “The Joint Committee has noted some improvement in overall market conditions; however, the recovery is not yet sustained and is exposed to risks related to broad macroeconomic conditions, in particular the low interest environment and resulting search-for-yield behaviour. Additionally regulators continue to have concerns about the operational risks generated by some financial institutions’ inappropriate business conduct, as well as those risks posed by inadequate management of IT risks. “However, recent regulatory initiatives across the banking, insurance and securities sectors, such as the Comprehensive Assessment, the insurance sector stress test and Solvency II along with, the ongoing MiFID, EMIR and PRIPS reforms are contributing to improving the stability and confidence in the EU financial system." Key Risks Identified The identified risks in the Report can be divided into macro risks to the EU financial system and economy and operational risks. Macro Risks The key macro risks identified relate to: 1. Risks from weak economic growth and low inflation environment, which include: • Adverse effect that low interest rates and uncertainties about the economic recovery have had on the outlook for the financial industry; • Higher valuation and market liquidity risk has raised concerns about the outlook for financial entities’ stability in the event of reversals in interest rates and asset prices; 2. Low profitability is motivating financial institutions and other investors to search for yield, which requires increased supervisory attention to the viability of business models, related restructuring activity and adequate management of risks. However, the promotion of sound and innovative business models for market-based funding structures could help to deliver additional stimulus; and 3. Some continued doubts on the comparability and consistency of banks’ calculations of risk weighted assets. Operational Risks The key operational risks relate to: 4. Business conduct risk remains a key concern with the Report recommending that supervisors should include misconduct costs in future stress tests where appropriate, while financial institutions should strengthening product oversight and governance frameworks. Further improvements in the regulatory framework and supervisory practices to address conduct risks are also warranted. In addition, further progress needs to be made on benchmark reforms where continuity and integrity remain a source of concern even if key panels remained stable; and 5. IT operational risk and cyber risk remain of great concern and pose challenges to the the safety and integrity of financial institutions. IT risk increased due to costs pressures, outsourcing, the need for additional capacities and a mounting number of cyber-attacks. The adequate integration of IT risk into overall risk management is a key policy for mitigation. | |||
29/05/2019 | ESMA71-99-1168 | ESMA adjusts application of the trading obligation for shares in a no-deal Brexit | Brexit, MiFID - Secondary Markets, Press Releases | Press Release | PDF 87.46 KB |
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29/05/2019 | ESMA71-99-1168 | ESMA adjusts application of the trading obligation for shares in a no-deal Brexit | Brexit, MiFID - Secondary Markets, Press Releases | Press Release | PDF 87.46 KB |
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01/03/2012 | 2012/140 | ESMA advises European Commission on Prospectus Directive’s overhaul- Advice covers possible delegated acts | Prospectus, Corporate Disclosure, Press Releases | Press Release | PDF 115.14 KB |
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06/06/2013 | 2013/684 | ESMA and the EBA publish final principles on benchmarks | Risk Analysis & Economics - Markets Infrastructure Investors, Press Releases, Benchmarks | Press Release | PDF 125.48 KB |
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11/01/2013 | 2013/13 | ESMA and the EBA take action to strengthen Euribor and benchmark rate-setting processes | Risk Analysis & Economics - Markets Infrastructure Investors, Press Releases | Press Release | PDF 207.75 KB |
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10/01/2019 | ESMA50-165-731 | ESMA annual statistical report on performance and costs of retail investment products in the EU | MiFID - Investor Protection, Risk Analysis & Economics - Markets Infrastructure Investors | Annual Report | PDF 3.43 MB |
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02/06/2016 | 2016/743 | ESMA assesses usefulness of distributed ledger technologies | Innovation and Products, Press Releases, Risk Analysis & Economics - Markets Infrastructure Investors | Press Release | PDF 152.48 KB |
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03/10/2016 | 2016/1425 | ESMA consults on consolidated tape for non-equity products | MiFID - Secondary Markets, Press Releases | Press Release | PDF 144.25 KB |
The European Securities and Markets Authority (ESMA) has issued today a consultation paper on its draft regulatory technical standards (RTS) regarding the creation of a consolidated tape for non-equity instruments which is required under the Markets in Financial Instruments Directive (MiFID II). The new MiFID II framework, which covers equity-like and non-equity instruments traded on trading venues, introduces provisions for establishing a central source of post-trade prices or consolidated tape. ESMA, having already issued its draft RTS on an equity tape, is seeking feedback on its draft RTS for the non-equity tape. In order to create the non-equity tape, trading venues and approved publication arrangements (APAs) will send real-time post-trade data to consolidated tape providers (CTPs), who will consolidate this data in real-time and make the data available to the public. |
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22/05/2014 | 2014/557 | ESMA consults on MiFID reforms | MiFID - Investor Protection, Press Releases, MiFID - Secondary Markets | Press Release | PDF 119.33 KB |
The European Securities and Markets Authority (ESMA) has launched the consultation process for the implementation of the revised Markets in Financial Instruments Directive (MiFID II) and Regulation (MiFIR). This is the first step in the process of translating the MiFID II/MiFIR requirements into practically applicable rules and regulations to address the effects of the financial crisis and to improve financial market transparency and strengthen investor protection.MiFID II/MiFIR introduces changes that will have a large impact on the EU’s financial markets, these include transparency requirements for a broader range of asset classes; the obligation to trade derivatives on-exchange; requirements on algorithmic and high-frequency-trading and new supervisory tools for commodity derivatives. It will also strengthen protection for retail investors through limits on the use of commissions; conditions for the provision of independent investment advice; stricter organisational requirements for product design and distribution; product intervention powers; and the disclosure of costs and charges.MiFID II/MiFIR contains over 100 requirements for ESMA to draft Regulatory Technical Standards (RTS) and Implementing Technical Standards (ITS), and to provide Technical Advice to the European Commission to allow it to adopt delegated acts. In order to ensure that MIFID II achieves its objectives in practice, ESMA is publishing the following documents:1. Consultation Paper on MiFID/MiFIR Technical Advice – ESMA needs to deliver this advice to the European Commission by December 2014 and is therefore subject to a condensed consultation process for this paper; and2. Discussion Paper on MiFID/MiFIR draft RTS/ITS – this will provide the basis for a further consultation paper on the draft RTS/ITS which is expected to be issued in late 2014/early 2015. The closing date for responses to both papers is Friday 1 August. Steven Maijoor, ESMA Chair, said:“The launch of today’s MiFID II/MiFIR consultation process is an important step in the biggest overhaul of financial markets regulation in the EU for a decade. The reform of MiFID is an integral part of the EU’s strategy to address the effects of the financial crisis and aims to bring greater transparency to markets and to strengthen investor protection. These changes are key to restoring trust in our financial markets.“We appreciate the magnitude of this exercise for stakeholders. We strongly encourage all those affected by these reforms to provide their views to ensure that we take them into account in our final proposals.”The main issues covered in the Discussion and Consultation Paper are divided into those addressing the structure, transparency and regulation of financial markets, and those aimed at strengthening investor protection.Financial Markets Structure, Transparency and RegulationThe main proposals in this area cover the following issues: enhanced transparency and trading obligations - increasing pre- and post-trade transparency for many categories of instruments, e.g. shares, ETFs, certificates, bonds and derivatives, limitations to trade shares OTC and new obligations to trade derivatives on trading venues; micro-structural issues – refining the definition of high frequency trading and direct electronic access and specifying the requirements for operating in the market using algorithmic techniques; data publication and access – issues related to the development of the consolidated tape including requirements for tape providers, approved publication arrangements and reporting mechanisms, and the definition of a reasonable commercial basis for data sales; and the access to CCPs, trading venues and benchmarks; other organisational requirements for trading venues; and commodity derivatives – new regulatory tools, including position limits. Investor ProtectionThe main proposals relating to the improved protection of retail investors include technical advice on: inducements – new limitations on the receipt of commissions (inducements); independent advice – clearly distinguishing independent from non-independent advice; product governance – requirements on the manufacture and distribution of financial products including target market and risk identification; product intervention/banning - introducing powers for both ESMA and national regulators to prohibit or restrict the marketing and distribution of certain financial instruments; and improved information on costs and charges – requirements to provide clients with details of all charges related to their investment (relating to both the investment service and the financial instrument provided) so they can understand the overall cost and its effect on their investment’s return. In addition, the draft regulatory technical standards in the investor protection area relate to the authorisation of investment firms, passporting, and certain best execution obligations.Next StepsESMA will hold three public hearings about secondary markets, investor protection and commodity derivatives issues on Monday 7 and Tuesday 8 July. Further details on the hearings will be published on ESMA’s website. 2014/548 2014/549 | |||
13/07/2018 | ESMA71-99-1005 | ESMA consults on tick size regime PR | MiFID - Secondary Markets, Press Releases | Press Release | PDF 149.16 KB |
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10/11/2016 | 2016/1570 | ESMA consults on transparency rules for package orders under MiFID II | MiFID - Secondary Markets | Press Release | PDF 147.53 KB |
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18/10/2018 | ESMA71-99-1027 | ESMA data analysis values EU derivatives market at €660 trillion with central clearing increasing significantly | Press Releases, Risk Analysis & Economics - Markets Infrastructure Investors | Press Release | PDF 238.11 KB |
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09/01/2018 | ESMA71-99-925 | ESMA Double Volume Cap delay | MiFID - Secondary Markets, Press Releases | Press Release | PDF 216.16 KB |
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19/02/2020 | ESMA71-99-1284 | ESMA finds continued high risks as financial markets remain highly volatile | Press Releases, Risk Analysis & Economics - Markets Infrastructure Investors | Press Release | PDF 94.61 KB |
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09/10/2017 | ESMA71-99-613 | ESMA highlights importance of LEI for MiFIDII/MiFIR compliance | MiFID - Secondary Markets, Press Releases | Press Release | PDF 145.53 KB |
The European Securities and Markets Authority (ESMA) has published a Briefing on the Legal Entity Identifier (LEI) as part of its efforts to raise industry awareness and facilitate compliance with the LEI requirements under MiFID II ahead of its 3 January 2018 launch. ESMA expects market participants to take all necessary steps to ensure full compliance with the LEI requirements under MiFID II. Based on its previous experience with EMIR reporting, ESMA urges reporting entities not to delay in addressing this important matter, as advance preparation will help in avoiding backlogs and ensuring that all market participants are ready for the new regime. |
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14/02/2013 | 2013/215 | ESMA issues first risk report on EU securities markets | Risk Analysis & Economics - Markets Infrastructure Investors, Press Releases | Press Release | PDF 99.25 KB |