ESMA LIBRARY
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Reset all filters| Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
|---|---|---|---|---|---|---|---|---|---|
| 26/04/2012 | 2012/270 | Actual use of sanctioning powers under MAD | Supervisory convergence | Final Report | PDF 1.55 MB |
The report provides a comparison of the use of administrative sanctioning powers across 29 EEA Member States for 2008-2010. The results of the report will provide input to the legislative process on the new market abuse regime. | |||
| 12/09/2013 | 2013/08/ODRG | Agreed Understandings to Resolving Cross-border Conflicts, Inconsistencies, Gaps and Duplicative Requirements | Post Trading | Final Report | PDF 442.48 KB |
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| 21/12/2017 | ESMA70-151-812 | Annual peer review of EU CCP supervision on supervisory activities on CCPs’ Default Management Procedures | Post Trading | Final Report | PDF 471.59 KB |
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| 12/01/2012 | 2012/3 | Annual report on the application of the Regulation on credit rating agencies as provided by Article 21(5) and Article 39a of the Regulation (EU) No 1060/2009 as amended by Regulation No 1095/2010 | Credit Rating Agencies | Final Report | PDF 141.98 KB |
This is the first report under the new CRA regulation, however, please note that CESR published a report about the application of the Regulation in the EU and, in particular, on the implementation of the requirements established in Annex I of the Regulation on 6 December 2010 (CESR/10-1424), according to Article 21(4) of the Regulation which was subsequently amended by Regulation No (EC) 513/2011. At the time of publication, 16 CRA's have been registered. | |||
| 18/03/2013 | 2013/308 | Annual report on the application of the Regulation on credit rating agencies- 2012 | Credit Rating Agencies | Final Report | PDF 601.08 KB |
This is the second annual report on the application of the Credit Rating Agencies Regulation. | |||
| 18/03/2015 | 2015/592 | Automated Trading Guidelines- ESMA peer review among National Competent Authorities | Supervisory convergence | Final Report | PDF 930.33 KB |
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| 25/02/2015 | 2015/494 | Best Execution under MiFID | MiFID - Investor Protection, Supervisory convergence | Final Report | PDF 761.62 KB |
The European Securities and Markets Authority (ESMA) has conducted a peer review on how national regulators (national competent authorities or NCAs) supervise and enforce the MiFID provisions relating to investment firms’ obligation to provide best execution, or obtain the best possible result, for their clients when executing their orders. ESMA found that the level of implementation of best execution provisions, as well as the level of convergence of supervisory practices by NCAs, is relatively low. In order to address this situation a number of improvements were identified, including: • prioritisation of best execution as a key conduct of business supervisory issue; • the allocation of sufficient resources to best execution supervision; and • a more proactive supervisory approach to monitoring compliance with best execution requirements, both desk-based and onsite inspections. The review was conducted on the basis of information provided by 29 NCAs and complemented by on-site visits to the NCAs of France, Liechtenstein, Luxembourg, Malta, Poland and Spain. | |||
| 21/02/2014 | 2014/151 | Credit Rating Agencies Annual Report 2013 | Credit Rating Agencies | Final Report | PDF 507.61 KB |
The European Securities and Markets Authority (ESMA) has published its Annual Report 2013 (Report) on credit rating agencies (CRAs) in the European Union (EU). The Report also outlines ESMA’s supervisory work plan for this year. ESMA has found that CRAs continue to progress in how they comply with the CRA Regulation, including improved internal transparency and disclosure to the market on credit rating activities as well as empowerment of the compliance function. However, ESMA considers that improvements are still necessary, notably in the following areas: • validation of rating methodologies, to ensure that a credit rating assessment is a comprehensive risk assessment leading to high quality ratings; • internal governance, ensuring the full independence of the internal review function and thereby reducing the risk of potential conflict of interest; and • robust IT systems to support the rating process, including information security controls and protection of confidential rating information. These issues form the basis for much of ESMA’s supervision activities as outlined in its 2014 work plan. This includes the completion of the two on-going supervisory reviews into CRAs’ monitoring of structured finance ratings and into small and medium-sized CRAs. A new thematic investigation on how CRAs review and validate their rating methodologies will also be launched, as well as dedicated work on CRAs’ IT systems and controls. Following the entry into force of the amended CRA Regulation in June 2013, ESMA will also complete a specific assessment on CRAs’ compliance with the new regulatory requirements. | |||
| 28/08/2020 | ESMA70-156-3490 | CSDR RTS on Settlement Discipline – Postponement until 1 February 2022 | Post Trading | Final Report | PDF 365.39 KB |
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| 26/05/2016 | 2016/725 | Draft RTS on indirect clearing arrangements under EMIR and MiFIR | Guidelines and Technical standards, Post Trading, MiFID - Secondary Markets | Final Report | PDF 740.71 KB |
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| 07/02/2020 | ESMA70-156-2076 | EMIR Final Report on alignment clearing and trading obligations | Post Trading | Final Report | PDF 309.87 KB |
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| 13/08/2015 | 2015/1251 | EMIR Review Report no.1- Review on the use of OTC derivatives by non-financial counterparties | Post Trading | Final Report | PDF 3.03 MB |
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| 13/08/2015 | 2015/1252 | EMIR Review Report no.2- Review on the efficiency of margining requirements to limit procyclicality | Post Trading | Final Report | PDF 3.93 MB |
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| 13/08/2015 | 2015/1253 | EMIR Review Report no.3- Review on the segregation and portability requirements | Post Trading | Final Report | PDF 267.55 KB |
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| 13/08/2015 | 2015/1254 | EMIR Review Report no.4- ESMA input as part of the Commission consultation on the EMIR Review | Post Trading | Final Report | PDF 399.85 KB |
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| 18/12/2015 | 2015/1879 | ESMA CRA Market Share Calculation | Credit Rating Agencies | Final Report | PDF 586.38 KB |
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| 08/01/2015 | 2015/20 | ESMA review of CCP colleges under EMIR | Post Trading | Final Report | PDF 542.87 KB |
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| 02/10/2013 | 2013/1373 | ESMA Technical advice on equivalence of Australia- OTC and TR (Supplement) | Post Trading | Final Report | PDF 736.17 KB |
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| 02/10/2013 | 2013/1369 | ESMA Technical advice on equivalence of Hong Kong for OTC and TR (Supplement) | Post Trading | Technical Advice | PDF 124.15 KB |
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| 30/01/2014 | 2014/123 | ESMA Technical advice on equivalence of Japan for CCP II- Commodities CCPs | Post Trading | Technical Advice | PDF 3.33 MB |
ESMA delivers second set of advice on EMIR equivalence Following its technical advice published on 9 September 2013, the European Securities and Market Authority (ESMA) has published a supplement to its advice to the European Commission on the equivalence of the regulatory regime for central counterparties (CCPs) of Japan with the European Markets Infrastructure Regulation (EMIR). This supplement to the September 2013 Final report sets out ESMA’s advice to the European Commission is in respect of the equivalence between the Japanese regulatory regime for commodity CCPs and the regulatory regime for CCPs under EMIR. ESMA proposes conditional equivalence As for ESMA’s advice to the Commission in respect of Japan for CCPs which clear transactions relating to securities, currencies, interest rates, credit, weather, GDP and other indices, ESMA considers that the Japanese regulatory regime for commodity CCPs contains legal provisions and involves supervision and enforcement similar to that of EMIR. The Commission is expected to use ESMA’s technical advice to prepare possible equivalence decisions. Where it adopts such a decision, certain provisions of EMIR may be disapplied in favour of equivalent third-country rules. In particular, ESMA may recognise within the EU a CCP which is authorised outside the EU. The different pieces of advice are available on ESMA’s website. |