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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
05/03/2002 02-039b Interim Report on the Activities of CESR to the European Commission CESR Archive Annual Report PDF
59.08 KB		 Interim report on the activities of the Committee of European Securities Regulators (CESR) to the European Commission and sent to the European Parliament and the European Securities Committee.
03/07/2003 03-174b Interim Report on the Activities of CESR to the European Commission CESR Archive Annual Report PDF
129.89 KB		 CESR publishes today its Interim Report on the Activities of CESR to the European Commission. This report aims at providing half year information on the activities of CESR to the European Commission, the European Parliament and the European Securitities Committee. The report focuses on the functioning of CESR, "Level 2 work and "Level 3 work" as well as providing an indicative timetable for the CESR work plans.
03/03/2004 03-396 CESR Annual Report for 2003 CESR Archive Annual Report PDF
1.54 MB		 CESR presents its Annual Report for 2003 to the European Commission, the European Parliament and the Ecofin Council. The Annual Report provides a thorough overview of the work of CESR and sets out our work plan for 2004. The report includes an explanation of the institutional framework within which CESR works and comments on the market trends of 2003. It also includes a chapter on each working group established within CESR and outlines the key points and progress made under each area. Looking to 2004, the annual report sets out the main priorities and indicates when various projects identified are expected to take place.
06/10/2004 04-382 Interim report on the activities of CESR to the European Commission CESR Archive Annual Report PDF
167.29 KB		 CESR publishes today its Interim Report on the Activities of CESR to the European Commission. This report aims at providing half year information on the activities of CESR to the European Commission, the European Parliament and the European Securitities Committee.
07/04/2005 05-013 CESR Annual Report for 2004 CESR Archive Annual Report PDF
2.62 MB		 The Annual report was submitted to the European Commission and to the President of the European Parliament and the ECOFIN Council in accordance with the Article 4 of the European Commission
26/06/2006 06-004 CESR Annual Report for 2005 CESR Archive Annual Report PDF
2.08 MB
08/12/2006 06-421 Interim Report on the Activities of CESR to the European Commission CESR Archive Annual Report PDF
253.44 KB
28/09/2007 07-003 CESR Annual Report for 2006 CESR Archive Annual Report PDF
2.88 MB
30/01/2008 07-671 Interim Report on the Activities of CESR to the European Commission CESR Archive Annual Report PDF
384.66 KB
25/07/2008 08-103 CESR Annual Report for 2007 CESR Archive Annual Report PDF
4.89 MB
17/10/2008 08-678 Interim Report on the Activities of CESR to the European Commission CESR Archive Annual Report PDF
347.11 KB
27/07/2009 09-744 CESR Annual Report for 2008 CESR Archive Annual Report PDF
3.8 MB
18/11/2009 09-782 CESR 2009 Half-Yearly Report CESR Archive Annual Report PDF
925.93 KB
26/10/2010 10-1027 CESR 2010 Half-Yearly Report CESR Archive Annual Report PDF
902.07 KB
18/06/2010 10-766 CESR Annual Report for 2009 CESR Archive Annual Report PDF
4.59 MB
01/01/2003 2001-2002 CESR Annual Report for 2001-2002 CESR Archive Annual Report PDF
12.39 MB
18/12/2014 2014/1378 Opinion- Investment-based crowdfunding Innovation and Products Opinion PDF
460.92 KB		 Crowdfunding is a means of raising finance for projects from ‘the crowd’ often by means of an internet-based platform through which project owners ‘pitch’ their idea to potential backers, who are typically not professional investors.  It takes many forms, not all of which involve the potential for a financial return.  ESMA’s focus is on crowdfunding which involves investment, as distinct from donation, non-monetary reward or loan agreement.  Crowdfunding is relatively young and business models are evolving. EU financial services rules were not designed with the industry in mind. Within investment-based crowdfunding a range of different operational structures are used so it is not straightforward to map crowdfunding platforms’ activities to those regulated under EU legislation. Member States and NCAs have been working out how to treat crowdfunding, with some dealing with issues case-by-case, some seeking to clarify how crowdfunding fits into existing rules and others introducing specific requirements.To assist NCAs and market participants, and to promote regulatory and supervisory convergence, ESMA has assessed typical investment-based crowdfunding business models and how they could evolve, risks typically involved for project owners, investors and the platforms themselves and the likely components of an appropriate regulatory regime. ESMA then prepared a detailed analysis of how the typical business models map across to the existing EU legislation, set out in this document.
27/03/2014 2014/332 Structured Retail Products- Good practices for product governance arrangements MiFID - Investor Protection, Innovation and Products Opinion PDF
203.1 KB		 Legal basis 1.    Regulation (EU) No 1095/2010 (ESMA Regulation)  sets out the European Securities and Markets Authority’s (ESMA) scope of action, tasks and powers which include “enhancing customer protection”, and “foster[ing] investor protection”.  2.    In order to continue delivering on this investor protection statutory objective, ESMA is issuing this opinion on certain aspects linked to the manufacturing and distribution of structured retail products (SRP). This opinion takes into account relevant work done in this field both at European and interna-tional level.  3.    This opinion is without prejudice to the requirements for the provision of investment services and activities established in the Markets in Financial Instruments Directive (MiFID)  and its implementing measures (notably, Directive 2006/73/EC), the regulatory developments arising from the MiFID review or existing product rules that may apply to SRPs.  4.    ESMA’s competence to deliver an opinion is based on Article 29(1) (a) of the ESMA Regulation. In accordance with Article 44(1) of the ESMA Regulation, the Board of Supervisors has adopted this opinion. Background 5.    In its July 2013 report on ‘Retailisation in the EU’ , ESMA highlighted that, from a consumer protec-tion perspective, retail investors may face difficulties in understanding the drivers of risks and returns of structured products. If retail investors do not properly understand the risk and reward profile of structured products, and if the products are not properly assessed against the risk appetite of retail investors, retail investors might be exposed to unexpected losses and this might lead to complaints, reputational risks for manufacturers and distributors, and a loss of confidence in the regulatory framework and, more broadly, in financial markets. 6.    In 2013, ESMA mapped the measures adopted in the EU Member States in relation to complex products in order to identify issues and to better understand the rationale behind national initiatives (by looking at similarities and differences in the various approaches, and reviewing how complexity has been treated in the different EU Members States). 7.    As a result, ESMA has developed a broad set of non-exhaustive examples of good practices, attached as Annex 1 hereto, illustrating arrangements that firms - taking into account the nature, scale and complexity of their business - could put in place to improve their ability to deliver on investor protection regarding, in particular, (i) the complexity of the SRPs they manufacture or distribute, (ii) the nature and range of the investment services and activities undertaken in the course of that business, and (iii) the type of investors they target. These good practices should also be a helpful tool for competent authorities in carrying out their supervisory action. Opinion 8.    ESMA considers that sound product governance arrangements are fundamental for investor protec-tion purposes, and can reduce the need for product intervention actions by competent authorities. 9.    ESMA considers that, when supervising firms manufacturing or distributing an SRP, competent authorities should promote, in their supervisory approaches, the examples of good practices for firms set out in Annex 1 hereto. 10.    Although the good practices set out in Annex 1 hereto focus on structured products sold to retail investors, ESMA considers that they may also be a relevant reference for other types of financial in-struments (such as asset-backed securities, or contingent convertible bonds), as well as when financial instruments are being sold to professional clients. 11.    The exposure to risk is an intrinsic feature of investment products. The good practices set out in Annex 1 refer to product governance arrangements and do not (and cannot) aim at removing investment risk from products.
03/06/2014 2014/544 Decision to adopt a supervisory measure taking the form of a public notice in accordance with Articles 23e(5) and 24 of Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies Credit Rating Agencies Decision PDF
49.36 KB		 Decision to adopt a supervisory measure taking the form of a public notice in accordance with Articles 23e(5) and 24 of Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies The Board of Supervisors (“Board”), Having regard to the Treaty on the Functioning of the European Union (“Treaty”) Having regard to Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (“ESMA Regulation”), and in particular Article 43(2) and Article 44(1) thereof Having regard to Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (“CRA Regulation”), in particular Articles 6(2), 23e, 24, 25 thereof Having regard to Commission Delegated Regulation (EU) No 946/2012 of 12 July 2012 supplementing Regulation (EC) No 1060/2009 of the European Parliament and of the Council with regard to rules of procedure on fines imposed to credit rating agencies by the European Securities and Markets Authority, including rules on the right of defence and temporal provisions (“Procedural Regulation”), in particular Article 3(4) thereof Whereas: (1) On the basis of the file containing the investigating officer’s findings and after examination of the submissions of Standard & Poor’s Credit Market Services France SAS and Standard & Poor’s Credit Market Services Europe Limited the Board finds that the registered credit rating agencies Standard & Poor’s Credit Market Services France SAS and Standard & Poor’s Credit Market Services Europe Limited have committed the infringements listed in paragraphs 12 and 18 of Annex III.I of the CRA Regulation. (2) The Board considers that the evidence before it does not allow it to establish that Standard & Poor’s Credit Market Services France SAS and Standard & Poor’s Credit Market Services Europe Limited acted intentionally or negligently as required by Article 36a(1) of the CRA Regulation in order for the Board to impose a fine. (3) The Board thus decides to adopt a supervisory measure taking the form of a public notice in accordance with Article 24 of the CRA Regulation. Has adopted this decision: Article 1 The Board of Supervisors finds that the registered credit rating agencies Standard & Poor’s Credit Market Services France SAS and Standard & Poor’s Credit Market Services Europe Limited have committed the infringements listed in paragraphs 12 and 18 of Annex III.I of Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies. Article 2 The Board of Supervisors takes the decision to adopt a supervisory measure taking the form of the following public notice, in accordance with Articles 23e(5) and 24 of Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies.
02/12/2014 2014/BOA/05 Decision by the ESA BoA concerning Investor Protection Europe sprl Joint Committee, Board of Appeal Decision PDF
229.85 KB		 The Joint Board of Appeal of the ESAs decides on the inadmissibility of an appeal brought by IPE sprl, a company based in Brussels, against a decision by ESMAThe Joint Board of Appeal of the European Supervisory Authorities published today its decision in an appeal brought by Investor Protection Europe (IPE) sprl, a company based in Brussels, against a decision of the European Securities and Markets Authority (ESMA) of 10 June 2014 not to initiate an investigation under Article 17 of the ESMA Regulation regarding an alleged breach of Union law by the Commission de Surveillance du Secteur Financier of Luxembourg.  The Board of Appeal unanimously decided that the appeal was inadmissible, and in the light of that decision, did not consider the substance of IPE’s complaint.

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