ESMA LIBRARY
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Reset all filtersDate | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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10/03/2022 | ESMA71-99-1856 | Press release_ESMA finds shortcomings in supervision of cross-border investment activities and issues specific recommendations to CySEC | Press Releases, Supervisory convergence | Press Release | PDF 137.72 KB |
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12/12/2019 | ESMA71-99-1263 | Press release: ESMA calls for strengthened supervision on suspicious transaction reporting | Market Abuse, Supervisory convergence | Press Release | PDF 100.61 KB |
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07/07/2011 | 2011/195 | Press release- ESMA investigates how Member States have implemented the Transparency Directive | Press Releases, Supervisory convergence | Press Release | PDF 61.34 KB |
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18/01/2011 | 2011/27 | Press release- ESMA finds diversity across Europe in regulators’ contingency measures for financial crisis situations | Press Releases, Supervisory convergence | Press Release | PDF 31.5 KB |
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13/11/2020 | ESMA71-99-1438 | Press Release Union Strategic Supervisory Priorities | Press Releases, Supervisory convergence | Press Release | PDF 84.48 KB |
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13/11/2020 | ESMA71-99-1438 | Press Release Union Strategic Supervisory Priorities | Press Releases, Supervisory convergence | Press Release | PDF 84.48 KB |
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30/06/2016 | 2016/1047 | Press Release Prospectus Peer Review | Prospectus, Supervisory convergence | Press Release | PDF 188.52 KB |
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15/04/2013 | ESMA/2013/475 | Press Release ESMA finds divergence in national supervision of money market funds | Supervisory convergence | Press Release | PDF 136.95 KB |
The European Securities and Markets Authority (ESMA) has published a peer review report examining whether EU securities supervisors correctly apply ESMA’s guidelines on money market funds (MMFs). The review compared supervisory and enforcement practices for MMFs of 30 supervisory authorities across the European Economic Area (EEA). ESMA reviewed those 20 jurisdictions that had transposed the guidelines into their national rules. | |||
29/11/2017 | ESMA71-99-661 | Peer Review on MiFID Compliance Function Press Release | MiFID - Investor Protection, Press Releases, Supervisory convergence | Press Release | PDF 149.89 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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03/11/2020 | ESMA71-99-1420 | Fast Track Peer Review PR- Wirecard | Corporate Disclosure, Guidelines and Technical standards, Press Releases, Supervisory convergence | Press Release | PDF 137.39 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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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. | |||
12/02/2013 | 2013/214 | ESMA seeks feedback for review of the Short Selling Regulation | Short Selling, Press Releases | Press Release | PDF 75.26 KB |
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11/12/2014 | 2014/1478 | ESMA reviews supervisory practices on MiFID investor information | Press Releases, Supervisory convergence | Press Release | PDF 136.83 KB |
The European Securities and Markets Authority (ESMA) has conducted a peer review of how national regulators (national competent authorities or NCAs) supervise MiFID conduct of business rules on providing fair, clear and not misleading information to clients. The peer review focused on NCAs’ organisation, supervisory approaches, monitoring and complaints handling in relation to information and marketing communications under MiFID. The Report found that there was overall a high degree of compliance amongst NCAs with the good practices identified in these key areas. However, a variety of approaches were observed, leading to different intensity of supervision. A number of areas for improvement were identified. They include: enhanced use of on-site inspections and thematic reviews; a specific focus on conduct of business issues in firms’ risk assessments; and greater efforts to detect failings by firms in a timely manner. The review was conducted on the basis of information provided by NCAs in a self-assessment questionnaire and complemented by on-site visits to the NCAs of Cyprus, the Czech Republic, Germany, Italy, Portugal, and the United Kingdom. Steven Maijoor, ESMA Chair, said: “Providing fair, clear and not misleading information to clients is essential for investor protection and should be applied consistently throughout the EU. This review is a major step forward in ensuring that progress is being made towards convergence in this area by national regulators. “The report provides a thorough insight and analysis of national supervisory practices, facilitated by ESMA’s first on-site visits, and includes a number of recommendations which I urge national regulators to consider when reviewing their practices in this area”. Key Findings The review’s key findings covered the following areas: Ex-ante and ex-post supervision – supervisory systems are divided between ex-ante and ex-post reviews of marketing material. Within the ex-post approach there is also divergence in terms of the timeliness with which NCAs review the material following its dissemination and consider complaints made by clients of firms; Direct and indirect supervision – while some NCAs directly supervise firms’ compliance with their obligations relating to the provision of information and marketing material to clients, others rely on annual checks performed by external auditors. The latter approach may make it difficult to detect failings by firms in a timely manner due to the successive sampling process employed by auditors and then the NCA?s concerned; Complaints and Sanctions – a low level of complaints and equally low level of sanctions are reported by NCAs in the area of information and marketing to clients; and Definition of information and marketing communication - There is no precise definition of the term marketing communication in EU law: this would need to be further defined in order to build effective convergence of supervisory practices. Recommendations for future work The Report identifies a number of areas for future work by NCAs and ESMA which could promote a more coherent cross-EU application of the requirements. These include: establishing more robust structures and efficient coordination and cooperation arrangements between different supervisory units within NCAs; defining a clear set of information and marketing material to be supervised; assessing the frequency of NCAs’ monitoring of investor information and marketing; assessing the adequacy of monitoring the distribution channels used by firms including in the cross border provision of services; requiring investment firms to submit to their NCAs details of all information and marketing material to be provided including material used for cross-border business; considering the use of integrated databases to assist in supervision of information and marketing to clients; assessing the frequency and consistency of the use of sanctions by NCAs; and assessing the implementation and effectiveness of the guidelines for complaints-handling for the securities (ESMA) and banking (EBA) sectors. In addition, ESMA should continue its efforts, including the use of Opinions, in promoting the development of a level-playing field regarding the provision of information in an understandable format to clients and the quality of service to clients. | |||
01/07/2013 | 2013/852 | ESMA review finds good compliance with EU market abuse rules | Market Abuse, Press Releases, Supervisory convergence | Press Release | PDF 132.09 KB |
The European Securities and Markets Authority (ESMA) has published a peer review of the supervisory practices EEA national competent authorities (NCAs) apply in enforcing 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. | |||
16/03/2020 | ESMA71-99-1291 | ESMA requires net short position holders to report positions of 0.1% and above | COVID-19, Market Integrity, Press Releases, Short Selling | Press Release | PDF 82.58 KB |
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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 |
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18/07/2017 | ESMA71-99-521 | ESMA recommends improvements in financial information enforcement | IFRS Supervisory Convergence, Press Releases, Supervisory convergence | Press Release | PDF 148.06 KB |
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03/06/2013 | 2013/649 | ESMA publishes review on impact of short selling regulation | Short Selling, Press Releases | Press Release | PDF 170.99 KB |
The European Securities and Markets Authority has published its Technical Advice 2013/evaluating the impact of the Regulation on short selling and certain aspects of credit default swaps (Regulation) on European financial markets. Press release Final Report 2013/614—ESMA‘s technical advice 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 |