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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
12/07/2013 2013/925 The Clearing Obligation under EMIR Consultation Paper PDF
773.26 KB

The European Securities and Markets Authority (ESMA) is publishing this discussion paper in order to seek stakeholders’ views on the preparation of the regulatory technical standards ESMA is required to draft under Article 5(2) “Clearing Obligation Procedure” of the Regulation (EU) No 648/2012 of the European Parliament and Council on OTC derivatives, central counterparties and trade repositories (EMIR). The input from stakeholders will help ESMA in the development of the relevant technical standards to be drafted and submitted to the European Commission for endorsement in the form of Commission Regulations, i.e. a legally binding instrument directly applicable in all Member States of the European Union. One essential element in the development of draft technical standards is the analysis of the costs and benefits that those legal provisions will imply. Input in this respect and any supportive data will be highly appreciated and kept confidential where required. Please respond to the consultation using the response template. The closing date for responses is 12 September 2013.

09/11/2018 ESMA35-36-1262 Technical Q&As on product intervention measures on CFDs and binary options Q&A PDF
147.84 KB
19/12/2016 2016/1672 Technical advice to the Commission on fees for TRs under SFTR and on certain amendments of for fees under EMIR Consultation Paper PDF
709.68 KB

Reasons for publication

On 15 January 2016 the European Securities and Markets Authority (ESMA) received a formal request from the European Commission (Commission) to provide technical advice to assist the Commission in formulating a Regulation on fees for Trade Repositories (TRs) under SFTR by a delegated act.

Contents

The present report contains nine sections. Section 1 refers to the Executive Summary of the report. Section 2 explains the background to our proposals. Section 3 outlines the ESMA’s expected costs. Section 4 establishes the general approach for the determination of fees under EMIR and SFTR. Section 5 explains how ESMA will manage surpluses and deficits under EMIR and SFTR. Section 6 points out the rationale and computation of TRs fees for registration and extension of registration under SFTR. Sections 7 and 8 present the supervision fees under EMIR and SFTR and recognition fees under SFTR. Section 9 refers to the conditions of payment and reimbursement and, finally, Section 10 addresses the instances where delegation to NCAs takes place. Annex I contains the summary of the questions posed by ESMA and Annex II includes the Commission’s mandate to ESMA.

The amendments to fees under EMIR that are consulted in this document are required in order to ensure level –playing field with the ESMA’s fees to TRs under SFTR.

Next Steps

ESMA will consider the feedback it receives to this consultation in Q1 2017 and expects to publish and submit a final report of the technical advice to the European Commission for endorsement by end of Q1/beginning of Q2 of 2017.

03/10/2016 2016/BS/201rev Summary of Conclusions- Board of Supervisors Meeting 12 July 2016 Summary of Conclusions PDF
230.3 KB
03/11/2022 ESMA22-106-4184 Summary of conclusions TRACE DBP- 21 September 2022 , Summary of Conclusions PDF
83.58 KB
01/12/2015 2015/BS/202rev1 Summary of Conclusions September 2015 Board meeting Summary of Conclusions PDF
268.78 KB
24/02/2022 ESMA22-106-3735 Summary of Conclusions Joint BoS-SMSG- 18 November 2021 , Summary of Conclusions PDF
95.46 KB
10/03/2020 ESMA22-106-2123 Summary of Conclusions Joint BoS and SMSG meeting 4 December 2019 , Summary of Conclusions PDF
95.58 KB
10/09/2019 ESMA22-106-1925 Summary of Conclusions Joint BoS and SMSG meeting 12 July 2019 , Summary of Conclusions PDF
95.54 KB
05/04/2016 2016/BS/61rev1 Summary of conclusions BoS meeting 27/01/2016 Summary of Conclusions PDF
258.36 KB
19/07/2016 2016-BS-151rev1 Summary of Conclusions BoS meeting 25 May 2016 Summary of Conclusions PDF
303.49 KB
01/06/2016 2016/BS/110rev1 Summary of conclusions BoS meeting 23/03/2016 Summary of Conclusions PDF
258.81 KB
05/04/2016 2016/BS/72rev1 Summary of conclusions BoS meeting 07/03/2016 Summary of Conclusions PDF
148.73 KB
04/02/2021 ESMA22-106-3107 Summary of Conclusions Board of supervisors-SMSG- 17 December 2020 , Summary of Conclusions PDF
119.06 KB
11/11/2022 ESMA22-106-4181 Summary of conclusions Board of Supervisors- 8 September 2022 Summary of Conclusions PDF
158.8 KB
20/09/2021 ESMA22-106-3478 Summary of conclusions Board of Supervisors- 8 July 2021 Summary of Conclusions PDF
156.61 KB
11/11/2022 ESMA22-106-4120 Summary of conclusions Board of Supervisors- 7 July 2022 Summary of Conclusions PDF
249.99 KB
23/06/2021 ESMA22-106-3366 Summary of conclusions Board of Supervisors- 4 May 2021 Summary of Conclusions PDF
95.67 KB
06/04/2022 ESMA22-106-3911 Summary of conclusions Board of Supervisors- 3 March 2022 Summary of Conclusions PDF
87.45 KB
26/03/2021 ESMA22-106-3160 Summary of conclusions Board of Supervisors- 28 January 2021 Summary of Conclusions PDF
134.22 KB

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