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Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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14/09/2011 | 2011/288 | Call for evidence- Empty voting | Corporate Disclosure, Corporate Governance, Transparency | Consultation Paper | PDF 81.13 KB |
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15/07/2002 | 02-089b | CESR’s Advice on possible Level 2 Implementing Measures for the proposed Market Abuse Directive | Market Abuse | Consultation Paper | PDF 213.95 KB |
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30/05/2017 | ESMA70-145-103 | Communication on launch of reference data submission under MAR | Market Abuse, Market Integrity | Opinion | PDF 132.12 KB |
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03/10/2019 | ESMA70-156-1459 | Consultation paper MAR review | Market Abuse | Consultation Paper | PDF 1017.98 KB |
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10/11/2011 | 2011/373 | Consultation paper- Considerations of materiality in financial reporting | Corporate Disclosure, IFRS Supervisory Convergence | Consultation Paper | PDF 170.93 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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15/07/2014 | 2014/808 | Consultation Paper- Draft technical advice on possible delegated acts concerning the Market Abuse Regulation (MAR) | Market Abuse | Consultation Paper | PDF 656.69 KB |
The European Securities and Markets Authority (ESMA) invites comments on all matters set out in this consultation paper and, in particular, on the specific questions listed in Annex I. Comments are most helpful if they: indicate the number of the question to which the comment relates; respond to the question stated; contain a clear rationale, including on any related costs and benefits; and describe any alternatives ESMA should consider. Comments should reach us by Wednesday 15 October 2014. All contributions should be submitted online at www.esma.europa.eu under the heading ‘Your input/Consultations’.Publication of responses All contributions received will be published following the end of the consultation period, unless otherwise requested. Please clearly and prominently indicate in your submission any part you do not wish to be publically disclosed. A standard confidentiality statement in an email message will not be treated as a request for non-disclosure. Note also that a confidential response may be requested from us in accordance with ESMA’s rules on access to documents. We may consult you if we receive such a request. Any decision we make is reviewable by ESMA’s Board of Appeal and the European Ombudsman.Data protection Information on data protection can be found at www.esma.europa.eu under the heading ‘Disclaimer’.Who should read this paper?This paper may be specifically of interest to any investor that deals in financial instruments and emission allowances subject to the Market Abuse Regulation, issuers of instruments in the scope of the Regulation, financial intermediaries, operators of trading venues and participants in the emission allowance market. | |||
15/07/2014 | 2014/809 | Consultation Paper- Draft technical standards on the Market Abuse Regulation (MAR) | Market Abuse | Consultation Paper | PDF 1.64 MB |
ESMA invites comments on all matters in this paper and in particular on the specific questions summarised in Annex 1.Comments are most helpful if they: respond to the question stated; indicate the specific question to which the comment relates; contain a clear rationale; and describe any alternatives ESMA should consider. ESMA will consider all comments received by Wednesday 15 October 2014.All contributions should be submitted online at www.esma.europa.eu under the heading ‘Your input - Consultations’.Publication of responsesAll contributions received will be published following the close of the consultation, unless you request otherwise. Please clearly and prominently indicate in your submission any part you do not wish to be publically disclosed. A standard confidentiality statement in an email message will not be treated as a request for non-disclosure. A confidential response may be requested from us in accordance with ESMA’s rules on access to documents. We may consult you if we receive such a request. Any decision we make not to disclose the response is reviewable by ESMA’s Board of Appeal and the European Ombudsman.Data protectionInformation on data protection can be found at www.esma.europa.eu under the heading ‘Legal Notice’.Who should read this paper?This paper may be specifically of interest to any investor that deals in financial instruments and emission allowances subject to the Market Abuse Regulation, issuers of instruments in the scope of the Regulation, financial intermediaries, operators of trading venues and participants in the emission allowance market. | |||
28/10/2004 | 04-505 | Consultation paper- Facilitating the implementation of the Market Abuse Directive | Market Abuse | Consultation Paper | PDF 284.76 KB |
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03/10/2008 | 08-717 | Consultation paper- MAD Level 3 – Third set of CESR guidance and information on the common operation of the Directive to the market | Market Abuse | Consultation Paper | PDF 88.1 KB |
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20/05/2008 | 08-274 | Consultation paper- Market Abuse Directive Level 3 – Third set of CESR guidance and information on the common operation of the Directive to the market | Market Abuse | Consultation Paper | PDF 101.96 KB |
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02/11/2006 | 06-562 | Consultation paper- Market Abuse Directive, Level 3 – second set of CESR guidance and information on the common operation of the Directive to the market | Market Abuse | Consultation Paper | PDF 110.17 KB |
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30/03/2016 | 2016/444 | CP on MAR GL on information on commodities | Market Abuse | Consultation Paper | PDF 486.36 KB |
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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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22/03/2012 | 2012/212 | Discussion Paper- An Overview of the Proxy Advisory Industry. Considerations on Possible Policy Options | Corporate Disclosure, Corporate Governance | Consultation Paper | PDF 524.85 KB |
This Discussion Paper focuses on the development of the proxy advisory industry in Europe, which mainly serves institutional investors such as asset managers, mutual funds and pension funds. Following its fact-finding work in 2011, ESMA recognises the proxy advisory industry within Europe is, or is expected to be, growing in prominence and investors are, or are expected to be, increasingly using proxy advisor services. In this paper ESMA identifies several key issues related to the proxy advisory market which may have an impact on the proper functioning of the voting process. The range of policy options that ESMA will consider, and on which it seeks further input from market participants, consists of four broad areas, including: 1. No EU-level action at this stage 2. Encouraging Member States and/or industry to develop standards 3. Quasi-binding EU-level regulatory instruments 4. Binding EU-level legislative instruments ESMA will consider these options based on the feedback it receives from market participants, and, if appropriate, will undertake further policy action, either directly or by providing an opinion to the European Commission. The reason to bring up some policy options is due to the fact that proxy advisors are currently not regulated at a pan-European level. Nevertheless, there are relevant European rules that apply to investors (e.g. for UCITS management companies when exercising voting rights). In addition, there are also well-recognised corporate governance standards that apply to issuers at a national level (based on the “comply or explain approach”) and some complements to improve standards of stewardship among investors. All feedback received from this Discussion Paper will be duly considered. ESMA expects to publish a feedback statement in Q4 of 2012 which will summarise the responses received and will state ESMA’s view on whether there is a need for policy action in this area. | |||
03/06/2020 | ESMA50-164-3342 | Draft Guidelines on Outsourcing to Cloud Service Providers | Innovation and Products | Consultation Paper | PDF 390.7 KB |
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13/02/2014 | 2014/175 | ESMA Guidelines on Alternative Performance Measures | Corporate Disclosure, IFRS Supervisory Convergence | Consultation Paper | PDF 319.12 KB |
Reasons for publication In October 2005, the Committee of European Securities Regulators (CESR), ESMA’s predecessor body, published a Recommendation on Alternative Performance Measures (“CESR Recommendation” CESR/05-178b). The CESR Recommendation was issued mainly in order to reinforce the objectives of Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards. Given the CESR Recommendation has now been in force for more than 8 years, ESMA has decided to review it with the objective of strengthening the principles contained in it. ESMA now plans to re-issue the principles as ESMA [draft] guidelines thus ensuring that issuers and NCAs will make every effort to com-ply with them. Contents ESMA is issuing this Consultation Paper (CP) to inform market participants about the background to its decision to revise the CESR Recommendation and seek their views on such revision. Section II “Introduction” indicates the reasons for which ESMA believes that these [draft] guidelines on APMs should be issued. Section III “Scope and purpose of the [draft] guidelines” indicates when the [draft] guidelines apply and how these [draft] guidelines interact with financial statements. Section IV “Compliance and reporting obligations” describes how issuers and NCAs should comply with the [draft] guidelines. Section V “[Draft] Guidelines on APMs (Background)” describes the rationale followed in preparing the [draft] guidelines and explanations on the principles provided, which are included in full in Annex III. ESMA would appreciate any comments and answers from stakeholders on the questions contained in the consultation paper. For your convenience, the questions are summarised in annex II. Next steps ESMA will consider the feedback it receives to this consultation in 2014 and expects to publish final guide-lines in the fourth quarter of 2014. |
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19/09/2019 | ESMA70-155-8524 | ESMA Opinion CNMV revised Accepted Market Practice | Market Abuse, Market Integrity | Opinion | PDF 520.92 KB |
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25/09/2015 | 2015/1462 | ESMA opinion on accounting for Deposit Guarantee Scheme | Corporate Disclosure, IFRS Supervisory Convergence | Opinion | PDF 127.91 KB |
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13/04/2018 | ESMA70-145-442 | ESMA Opinion on AMF Accepted Market Practice on liquidity contracts | Market Abuse, Market Integrity | Opinion | PDF 542.91 KB |