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Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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11/01/2013 | 2013/12 | Principles for Benchmarks-Setting Processes in the EU | Risk Analysis & Economics - Markets Infrastructure Investors | Consultation Paper | PDF 259.33 KB |
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12/02/2013 | 2013/203 | On the evaluation of the Regulation (EU) 236/2012 of the European Parliament and of the Council on short selling and certain aspects of credit default swaps | Short Selling | Consultation Paper | PDF 315.16 KB |
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09/07/2020 | ESMA74-362-608 | Guidelines on calculation of positions in SFTs by Trade Repositories | Securities Financing Transactions, Trade Repositories | Consultation Paper | PDF 799.81 KB |
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17/09/2012 | 2012/580 | Exemption for market making activities and primary market operations under Regulation (EU) 236/2012 of the European Parliament and the Council on short selling and certain aspects of Credit Default Swaps | Short Selling | Consultation Paper | PDF 307.31 KB |
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14/11/2013 | 2013/1649 | ESMA’s policy orientations on possible implementing measures under the Market Abuse Regulation | Market Abuse, Market Integrity | Consultation Paper | PDF 950.26 KB |
The European Securities and Markets Authority (ESMA) has published a Discussion Paper setting out its initial views on the implementing measures it will have to develop for the new Market Abuse Regulation (MAR). MAR aims to enhance market integrity and investor protection. It will achieve this by updating and strengthening the existing market abuse framework, by extending its scope to new markets and trading strategies, and by introducing new requirements. The Discussion Paper presents positions and regulatory options on those issues where ESMA will have to develop MAR implementing measures, likely to include Regulatory Technical Standards, Delegated Acts and Guidelines. These implementing measures are of fundamental importance to the new regime, as they set out how MAR’s enlarged scope is to be implemented in practice by market participants, trading platforms, investors, issuers and persons related to financial markets. In developing these regulatory options ESMA, where similar requirements already exist under the current Market Abuse Directive (MAD), has taken into consideration the existing MAD Level 2 texts and ESMA/CESR guidelines to set out the DP positions in light of the extended scope of MAR. This Discussion Paper is based on the version of the MAR Level 1 text agreed by the European Parliament, the Council and the European Commission on 24 June 2013. Consultation Reference 2013/1649 Closing date for responses Monday, 27 January 2014 Contact market.integrity[at]esma.europa.eu | |||
15/02/2012 | 2012/98 | ESMA's draft technical advice on possible Delegated Acts concerning the regulation on short selling and certain aspects of credit default swaps ((EC) No XX/2012) | Short Selling | Consultation Paper | PDF 429.17 KB |
The purpose of this consultation is to seek comments on the technical advice that ESMA proposes to give to the European Commission on a number of possible delegated acts concerning the Regulation as listed in the Commission request for advice. These delegated acts should then be adopted in accordance with Article 290 of the Treaty of the Functioning of the European Union (TFEU). ESMA will consider the feedback it receives to this consultation and to the open hearing to be held on 29 February 2012 in March 2012 and expects to publish a final report and submission of the draft advice on Delegated Acts to the European Commission by mid-April 2012. | |||
24/01/2012 | 2012/30 | Draft technical standards on the Regulation (EU) xxxx/2012 of the European Parliament and of the Council on short selling and certain aspects of credit default swaps | Short Selling | Consultation Paper | PDF 245.84 KB |
ESMA will consider the feedback it received to this consultation in February/March 2012 and expects to publish a final report and submission of the draft technical standards to the European Commission by 31 March 2012 for endorsement. | |||
30/09/2016 | 2016/1409 | Draft RTS and ITS under SFTR and amendments to related EMIR RTS | Post Trading, Securities Financing Transactions | Consultation Paper | PDF 5.63 MB |
The European Securities and Markets Authority (ESMA) is publishing this Consultation Paper as part of its consultations on Level 2 measures under the Securities Financing Transactions Regulation (SFTR) as well as certain amendments to the Level 2 measures under EMIR in order to take into account legal developments as well as to ensure consistency, where relevant, between the frameworks of both regulations Contents Section 1 is the executive summary of the document. Section 2 explains the background to our proposals. Section 3 includes detailed information on the procedure and criteria for registration as TR under SFTR. Section 4 details the use of internationally agreed reporting standards, the reporting logic under SFTR and the main aspects of the structure of an SFT report. Section 5 covers the requirements regarding transparency of data and aggregation and comparison of data. Section 6 details the access levels of authorities. Section 7 contains the tables of fields, for the relevant types of SFTs, as well as a summary of all the questions. Next Steps ESMA will consider the feedback it received to this document in the fourth quarter of 2016. The final report and the draft technical standards will be submitted to the European Commission for endorsement by the end of Q1/beginning Q2 2017. |
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02/06/2016 | 2016/773 | Discussion Paper on the Distributed Ledger Technology Applied to Securities Markets | Innovation and Products, Risk Analysis & Economics - Markets Infrastructure Investors | Consultation Paper | PDF 573.86 KB |
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15/02/2016 | 2016/288 | Discussion Paper Benchmarks Regulation | Market Integrity, Benchmarks | Consultation Paper | PDF 1017.02 KB |
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24/09/2020 | ESMA74-362-773 | CP on MiFID II MiFIR review report | Benchmarks, MiFID - Secondary Markets, MiFID II: Transparency Calculations and DVC, Post Trading | Consultation Paper | PDF 688.1 KB |
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28/01/2016 | 2016/162 | Consultation paper- Draft Guidelines on the Market Abuse Regulation | Market Abuse, Market Integrity | Consultation Paper | PDF 406.76 KB |
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24/09/2021 | ESMA70-156-3914 | Consultation Paper on the review of certain aspects of the Short Selling Regulation | Short Selling | Consultation Paper | PDF 1.19 MB |
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28/05/2021 | ESMA74-362-1941 | Consultation Paper on the Guidelines on transfer of data between Trade Repositories under EMIR and SFTR | Market data, Securities Financing Transactions, Trade Repositories | Consultation Paper | PDF 658.69 KB |
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07/07/2017 | ESMA70-145-127 | Consultation paper on the evaluation of the short-selling regulation | Market Integrity, Short Selling | Consultation Paper | PDF 1.46 MB |
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10/11/2014 | 2014/1352 | Consultation Paper on review of the technical standards on reporting under Article 9 of EMIR | Market Integrity | Consultation Paper | PDF 657.07 KB |
The European Securities and Markets Authority (ESMA) has today published a consultation paper on the revision of the Regulatory Technical Standards (RTS) and implementing technical standards (ITS) in relation to the European Market Infrastructure Regulation (EMIR). The ESMA RTS/ ITS deal with the obligation of counterparties' and CCP's to report to trade repositories. Since the entry into force of the RTS and ITS, ESMA has worked on ensuring their consistent application. The practical implementation of EMIR reporting showed some shortcomings and highlighted particular instances for improvements so that the EMIR reports better fulfil their objectives. ESMA revised standards propose to clarify the interpretation of the data fields needed for the reporting to trade repositories and the most appropriate way of populating them. ESMA will consider stakeholder's feedback to the proposed revised standards by 13 February 2015. | |||
27/05/2019 | ESMA70-145-1145 | Consultation paper on Guidelines on periodic information and notification of material changes to be submitted to ESMA by Trades Repositories | Market Integrity, Post Trading | Consultation Paper | PDF 545.53 KB |
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27/05/2019 | ESMA70-151-1985 | Consultation paper on Guidelines for reporting under Articles 4 and 12 SFTR | Securities Financing Transactions | Consultation Paper | PDF 1.32 MB |
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27/05/2016 | 2016/723 | Consultation Paper on ESMA technical advice on Benchmarks Regulation | Market Integrity, Benchmarks | Consultation Paper | PDF 905.26 KB |
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04/02/2019 | ESMA70-145-153 | Compliance table- MAR Guidelines on information relating to commodity derivatives markets or related spot markets for the purpose of the definition of inside information on commodity derivatives | Guidelines and Technical standards, Market Abuse, Market Integrity | Compliance table | PDF 179.29 KB |