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Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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12/07/2013 | 2013/925 | The Clearing Obligation under EMIR | Post Trading | 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. |
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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 | Post Trading | 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. |
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14/12/2015 | 2015/1867 | Review of Article 26 of RTS No 153/2013 with respect to MPOR for client accounts | Post Trading | Consultation Paper | PDF 227.6 KB |
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14/12/2015 | 2015/1867R | Response Form to CP on review of Article 26 of RTS 153-2013 | Post Trading | Consultation Paper | DOCX 749.43 KB |
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05/11/2015 | 2015/1628/R | Response form to CP on indirect clearing | Post Trading | Consultation Paper | DOCX 749.61 KB |
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28/10/2016 | 2016/1529 | Joint ESMA and EBA Guidelines on the assessment of the suitability of members of the management body and key function holders | Guidelines and Technical standards, MiFID - Investor Protection | Consultation Paper | PDF 1.13 MB |
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31/05/2016 | 2016/732 | Guidelines on participant default rules and procedures under CSDR | Guidelines and Technical standards, Post Trading | Consultation Paper | PDF 450.56 KB |
The European Securities and Markets Authority (ESMA) under Article 41(4) of Regulation (EU) No 909/2014 of the European Parliament and of the Council on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation No 236/2012 (CSDR) may issue guidelines in accordance with Article 16 of Regulation (EU) No 1095/2010 in order to ensure consistent application of Article 41 of CSDR relating to participant default rules and procedures. Contents Section 2 contains information on the background and mandate, Section 3 contains an analysis of the scope and content of the proposed guidelines, while Section 4 contains the proposed guidelines. Annex I sets out a summary of the questions contained in this paper and Annex II includes a high level cost-benefit analysis for the guidelines. Next Steps ESMA will consider the feedback it will receive to this consultation with a view to finalising the guidelines by Q4 2016. |
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20/12/2012 | 2012/852 | Guidelines for establishing consistent, efficient and effective assessments of interoperability arrangements | Post Trading | Consultation Paper | PDF 445.22 KB |
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01/10/2012 | 2012/607 | Further amendments to ESMA’s Recommendations for the consistent implementation of the Prospectus Regulation regarding mineral companies | Prospectus, Corporate Disclosure | Consultation Paper | PDF 481.61 KB |
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01/10/2014 | 2014/1184 | Final report on ESMA's draft technical standards on the Clearing Obligation for Interest Rate OTC Derivatives | Post Trading | Technical Standards | PDF 1.17 MB |
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08/08/2013 | 2013/1087 | Final Report on amended EMIR implementing technical standards | Post Trading | Technical Standards | PDF 335.07 KB |
The European Securities and Markets Authority (ESMA) has sent the European Commission a Final Report proposing an amendment to Article 5 of the Commission Implementing Regulation (EU) No.1247/2012 (ITS on reporting) on the format and frequency of reporting to trade repositories under EMIR. The amendment relates specifically to the reporting of exchange traded derivatives (ETDs) and proposes postponing the reporting start date by one year. Background Article 5 regards the reporting start date of derivatives to trade repositories, however the current dates do not include a specification of ETDs. This specification would be useful as there is a risk currently that reporting of ETDs is not harmonised unless further regulatory guidance is issued. Based on the need to ensure the consistent implementation of EMIR, ESMA considered that guidelines and recommendations should be developed in relation to this issue. A delay in the reporting date for ETD transactions will allow sufficient time for the development of the relevant guidelines and their implementation by counterparties, trade repositories and regulators. The European Commission has three months to decide whether to endorse ESMA’s draft implementing technical standards. |
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02/10/2015 | 2015/1481 | Final Report Draft technical standards on the Clearing Obligation – Index Credit Derivatives | Post Trading | Technical Standards | PDF 781.24 KB |
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28/09/2015 | 2015/1457 | Final Report CSDR TS on CSD Requirements and Internalised Settlement | Post Trading | Technical Standards | PDF 467.07 KB |
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23/03/2011 | 2011/67 | Feedback statement- Consultation Paper on proposed amendments to CESR | Prospectus, Corporate Disclosure | CESR Document | PDF 384.63 KB |
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20/03/2013 | 2013/318 | Feedback Statement on proposed amendments to the ESMA update of the CESR recommendations for the consistent implementation of the Prospectuses Regulation regarding mineral companies | Prospectus, Corporate Disclosure, Transparency | CESR Document | PDF 265.19 KB |
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18/10/2013 | 2013/1292 | ESMA’s Technical Advice to the Commission on procedural rules to impose fines on Trade Repositories | Post Trading | Consultation Paper | PDF 1.52 MB |
The European Securities and Markets Authority (ESMA) is publishing this consultation paper to assist with the preparation of its Technical Advice to the European Commission on the procedural rules for imposing fines and periodic penalties on Trade Repositories. The Commission requested ESMA's advice on 29 April 2013 to assist it in formulating procedural rules by delegated act. (Annex I) The closing date for responses is 15 November 2013 and ESMA aims to provide its advice to the Commission by 31 December 2013. |
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20/02/2013 | 2013/219 | ESMA’s Technical Advice to the Commission on Fees for Trade Repositories | Post Trading | Consultation Paper | PDF 586.97 KB |
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13/12/2011 | 2011/444 | ESMA’s technical advice on possible delegated acts concerning the Prospectus Directive as amended by the Directive 2010/73/EU | Prospectus, Corporate Disclosure | Consultation Paper | PDF 1.15 MB |
The purpose of this consultation document from ESMA is to seek comments on the technical advice that ESMA proposes to give to the European Commission on a number of possible delegated acts. | |||
20/06/2012 | 2012/380 | ESMA’s technical advice on possible delegated acts concerning the Prospectus Directive as amended by the Directive 2010/73/EU | Prospectus, Corporate Disclosure | Consultation Paper | PDF 1.49 MB |
Responses to this consultation paper should be submitted online by 20 August 2012. | |||
02/04/2020 | ESMA70-151-2823 | ESMA Report to the European Commission on Central Clearing Obligations for PSA- No 1 | Joint Committee, Post Trading, Supervisory convergence | Consultation Paper | PDF 309.21 KB |