ESMA LIBRARY
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Reset all filtersDate | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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11/05/2005 | 05-274 | Feedback Statement- Market Abuse Directive, Level 3 – first set of guidance and information on the common operation of the Directive | Market Abuse | Final Report | PDF 79.76 KB |
http://www.cesr-eu.org/data/document/05_274.pdf | |||
22/11/2007 | 07-693 | Report on Administrative Measures and Sanctions available in Member States under the Market Abuse Directive (MAD) | Market Abuse | Final Report | PDF 3.44 MB |
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28/02/2008 | 08-099 | CESR Executive summary to the report on administrative measures and sanctions as well as the criminal sanctions available in Member States under the Market Abuse Directive | Market Abuse | Final Report | PDF 874.1 KB |
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15/05/2009 | 09-220 | Feedback statement- MAD Level 3 – Third set of CESR guidance and information on the common operation of the Directive to the market | Market Abuse | CESR Document | PDF 238.16 KB |
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11/04/2012 | JC/2011/96 | EBA, ESMA and EIOPA’s Report on the legal, regulatory and supervisory implementation across EU Member States in relation to the Beneficial Owners Customer Due Diligence requirements under the Third Money Laundering Directive [2005/60/EC] | Joint Committee | Final Report | PDF 552.11 KB |
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11/04/2012 | JC/2011/97 | EBA, ESMA and EIOPA’s Report on the legal and regulatory provisions and supervisory expectations across EU Member States of Simplified Due Diligence requirements where the customers are credit and financial institutions under the Third Money Laundering Di | Joint Committee | Final Report | PDF 476.47 KB |
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24/10/2012 | JC/CP/2012/01 Feedback statement | ESA feedback statement on the Joint CP on Financial Conglomerates | Joint Committee | CESR Document | PDF 82.95 KB |
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07/12/2012 | JC/2012/86 | ESA report on the application of AML/CTF obligations to, and the AML/CTF supervision of e-money issuers, agents and distributors in Europe. | Joint Committee | Final Report | PDF 476.42 KB |
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12/04/2013 | JC 2013-010 | Joint Committee report on risks and vulnerabilities in the EU financial system, March 2013 | Joint Committee | Final Report | PDF 694.8 KB |
The Joint Committee of the European Supervisory Authorities (Joint Committee) has published today its first Report on Risks and Vulnerabilities in the European Union’s (EU) Financial System. The European financial system faces a range of risks and challenges: 1. Risks from the weak macroeconomic outlook for the financial health of real-economy and sovereign borrowers, and consequently for financial institutions’ asset quality and profitability; 2. Risks of a prolonged period of low interest rates impacting insurers and pension funds, increasing search for yield behaviour and facilitating widespread forbearance by banks; 3. Risks of further fragmentation of the single market in financial services due to evidences of national retrenchment, home bias, reduced cross-border activity and clustering of markets; 4. Risks from increased reliance on collateral in financial transactions; 5. Risks to confidence in financial institutions balance sheet valuations and risk disclosures; and 6. Risks of loss of confidence in financial market benchmarks. These risks, although presented individually in this report, are highly interlinked and require a concerted response by policy makers both at the political level and from the European System of Financial Supervision including the European Supervisory Authorities (ESAs). Suggested policy actions to restore the confidence in the financial system are presented at the end of some described risks. The challenge facing policy makers is nothing less than to restore the confidence and trust in the financial system that has been eroded during recent years’ financial crises. | |||
01/07/2013 | 2013/805 | Supervisory Practices under MAD- Peer review report and Good Practices | Market Abuse, Supervisory convergence | Final Report | PDF 1.17 MB |
ESMA's peer review of the supervisory practices EEA national competent authorities (NCAs) covers how national authorities enforce the requirements of the Market Abuse Directive (MAD). The Directive deals with the prevention of the dissemination of misleading information, the breach of reporting obligations and market abuse. | |||
01/07/2013 | 2013/806 | Supervisory Practices under MAD- Mapping Report | Market Abuse, Supervisory convergence | Final Report | PDF 315.44 KB |
ESMA's Mapping Report on Supervisory Practices under MAD sets out the situation in each Member State as regards their implementation of the various requirements of the Market Abuse Directive. | |||
05/09/2013 | JC 2013/050 | Joint Committee report on risks and vulnerabilities in the EU financial system, August 2013 | Joint Committee | Final Report | PDF 793.91 KB |
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08/10/2013 | JC 2013/055 | Identification of Financial Conglomerates | Joint Committee | Final Report | PDF 268.59 KB |
The Joint Committee publishes the 2013 List of Identified Financial Conglomerates. The latest version of the list shows 75 financial conglomerates with the head of group in an EU/EEA country, one with the head of group in Australia, two with the head of the group in Switzerland, and two with the head of group in the United States. | |||
08/10/2013 | JC 2013/056 | Explanation of Changes in Compilation of Data | Joint Committee | Final Report | PDF 93.28 KB |
The Joint Committee publishes the 2013 List of Identified Financial Conglomerates. The latest version of the list shows 75 financial conglomerates with the head of group in an EU/EEA country, one with the head of group in Australia, two with the head of the group in Switzerland, and two with the head of group in the United States. | |||
08/11/2013 | JC-2013-72 | Preliminary report on anti-money laundering and counter financing of terrorism Risk Based Supervision | Joint Committee | Final Report | PDF 636.21 KB |
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28/11/2013 | JC 2013/77 | Joint Position of the European Supervisory Authorities on Manufacturers’ Product Oversight & Governance Processes | Joint Committee | Final Report | PDF 210.59 KB |
The Joint Committee of the three European Supervisory Authorities published today eight principles applicable to the oversight and governance processes of financial products. These principles cover in particular the responsibilities of manufacturers and producers in setting up processes, functions and strategies for designing and marketing financial products, as well as at reviewing the products’ life cycle. The Joint Position of the European Supervisory Authorities (ESAs) highlights in particular that the design of financial products and services poses risks to consumers when the target market is not correctly identified. These risks can also arise when the objectives and characteristics of the target market are not duly taken into account in the marketing of products to consumers. These issues have previously arisen at EU level across the three sectors of banking, insurance and securities.The eight high level principles developed by the three ESAs in their Joint Position stress the importance of the controls that manufacturers should put in place before launching their products, thus discouraging products and services that may cause consumer detriment from entering the market and thus ultimately enhancing consumers’ confidence in financial markets.The Joint Position is not directly addressed to market participants and competent authorities but it will provide a high-level, consistent basis for the development of more detailed principles addressed to manufactures by each ESA in the respective sectors. The Joint position is therefore without prejudice to any work that is being developed by each ESA, including in the context of the review of sectoral Directives. | |||
06/02/2014 | JC 2014/004 | Mechanistic references to credit ratings in the ESAs’ guidelines and recommendations | Joint Committee | Final Report | PDF 519.98 KB |
The Joint Committee of the three European Supervisory Authorities (EBA, ESMA and EIOPA - ESAs) published today its final Report on mechanistic references to credit ratings in the ESAs’ guidelines and recommendations and on the definition of “sole and mechanistic reliance” on such ratings. In accordance with the Credit Rating Agencies Regulation (CRA 3), the EBA, ESMA and EIOPA have reviewed all their existing guidelines and recommendations in order to identify, and where appropriate remove, references to external credit ratings that could trigger sole or mechanistic reliance on such ratings. This final report includes the amendments to ESMA’s Guidelines on Money Market Funds (MMF) according to the definition of ‘sole and mechanistic reliance’ contained therein. This common definition aims at harmonising the different interpretations of ‘sole and mechanistic reliance’ in the ESAs regulations and guidelines. This definition, to which the ESAs intend to refer to in all their future guidelines, recommendations and draft technical standards, was developed taking into account all the comments received during the public consultation that ended on 5 December 2013. Legal background Regulation (EU) No 462/2013 of 21 may 2013 (CRA 3) mandates the EBA, EIOPA and ESMA to review and, where appropriate, remove all references to credit ratings in existing guidelines and recommendations that have the potential to trigger sole or mechanistic reliance. This article puts forward the first of the Principles for reducing reliance on CRA Ratings issued by the Financial Stability Board on 27 October 2010. | |||
02/04/2014 | JC/2014/18 | Report on risks and vulnerabilities in the EU financial system March 2014 | Joint Committee | Final Report | PDF 1.28 MB |
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31/07/2014 | JC/2014/062 | Placement of financial instruments with depositors, retail investors and policy holders ('Self placement') | Joint Committee | Final Report | PDF 383.93 KB |
Reminder to credit institutions and insurance undertakings about applicable regulatory requirements Executive summary As part of their respective mandates to protect investors, depositors and policy holders, the three European Supervisory Authorities, the EBA, ESMA and EIOPA are concerned about the practices used by some financial institutions to comply with enhanced prudential requirements under the CRD/R IV, the pending BRRD, and Solvency 2, as well as the ongoing EBA stress test and the ECB’s comprehensive assessment. These practices include financial institutions selling to their own client base financial instruments that they themselves have issued and that are eligible to comply with the above requirements. This practice may breach a number of rules governing the conduct of these institutions. However, the ‘loss bearing’ features of many of these products mean that consumers are exposed to significant risks that do not exist for other financial instruments. For example, investors are more likely to be subject to bail-in; and the absence of harmonised structures, trigger points and loss absorption makes it difficult for investors to understand and compare the products. Each product needs to be assessed as a unique offering, which may be particularly challenging for retail investors. The three authorities, within their remits, are reminding financial institutions that capitalisation pressures should not affect their ability to comply with existing and future requirements applicable in the European Union for the provision of services to consumers, including investors, depositors and policy holders. It is expected that due to regulatory and market developments, the risks of consumer detriment described here will further increase; this reminder is aimed at preventing this. | |||
22/09/2014 | JC/2014/063 | Joint Committee Report on Risks and Vulnerabilities in the EU Financial System | Risk Analysis & Economics - Markets Infrastructure Investors, Joint Committee | Final Report | PDF 507.84 KB |
The Joint Committee of the European Supervisory Authorities (ESAs) published today its bi-annual report on risks and vulnerabilities in the European Union's (EU) financial system. The report identifies a number of risks to financial stability in the EU, including prolonged weak economic growth in an environment characterised by high indebtedness, intensified search for yield in a protracted low interest rate environment, and uncertainties in global emerging market economies. The report also highlights risks related to conduct of business and Information Technologies (IT). |