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Reset all filtersDate | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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19/12/2014 | 2014/1569 | Technical Advice to the Commission on MiFID II and MiFIR | MiFID - Investor Protection, MiFID - Secondary Markets | Technical Advice | PDF 2.8 MB |
Reasons for publication The European Securities and Markets Authority (ESMA) received a formal request (mandate) from the European Commission (Commission) on 23 April 2014 to provide technical advice to assist the Commission on the possible content of the delegated acts required by several provisions of Markets in Financial Instruments Directive (MiFID II) and the Markets in Financial Instruments Regulation (MiFIR). The mandate focuses on technical issues which follow from MiFID II and MiFIR and is available on the European Commission website (here). ESMA was required to provide technical advice by no later than six months after the entry into force of MiFID II and MiFIR (2 July 2014). Contents This final report follows the same structure as the Consultation Paper (CP) published by ESMA on 22 May 2014 which is: (1) Introduction, (2) Investor protection, (3) Transparency, (4) Data publication, (5) Micro-structural issues, (6) Requirements applying on and to trading venues, (7) Commodity derivatives and (8) Portfolio compression. This paper also contains summaries of responses to the CP received by ESMA. The rationale of those items covered already in the CP for which no relevant changes have been introduced, is not developed again in this Final Report. ESMA recommends, therefore, to read this report together with the CP published on 22 May 2014 to have a complete vision of the rationale for ESMA’s technical advice. Next steps Delegated acts should be adopted by the Commission so that they enter into application by 30 months following the entry into force of the Directive and Regulation, taking into account the right of the European Parliament and Council to object to a delegated act within 3 months (which can be extended by a further 3 months). | |||
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. | |||
17/07/2014 | 2014/C1/02 | Board of Appeal Decision | Joint Committee, Board of Appeal | Decision | PDF 368.94 KB |
The Joint Board of Appeal of the European Supervisory Authorities (the European Banking Authority, the European Insurance and Occupational Pensions Authority and the European Securities and Markets Authority) published its decision in an appeal brought by SV Capital OÜ, an Estonian company, against a decision of the EBA. This was the second appeal to be considered by the Board of Appeal in this matter between the same parties concerning the question whether the suitability of the managers of a significant branch of a bank raised a question of Union law. Following the Board of Appeal’s affirmative decision of 24 June 2013, the appellant requested the EBA to initiate an investigation against the Estonian and Finnish Financial Supervision Authorities because their alleged failure to take action in respect of individuals in the Estonian branch of Nordea Bank Finland PLC whom it was alleged were not fit and proper persons to be key function holders in the bank. The EBA decided that it would not initiate an investigation. The Board of Appeal decided that the EBA had been right to raise the matter with the national supervisors, but that having done so, it was entitled to take no further action in the light of their responses. The Board accordingly dismissed the appellant’s appeal against the EBA’s decision. | |||
14/08/2015 | 2015/1261 | Guidelines compliance table- Guidelines on the application of definitions C6 and C7 under MiFID I | MiFID - Secondary Markets | Compliance table | |||||
09/04/2019 | 2019 19 | Joint Committee Annual Report 2018 | Joint Committee | Annual Report | PDF 198.17 KB |
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24/06/2013 | BoA 2013-008 | Board of Appeal Decision | Joint Committee, Board of Appeal | Decision | PDF 242.72 KB |
The joint Board of Appeal of the European Supervisory Authorities (EBA, ESMA and EIOPA) has published today its decision in an appeal brought by an Estonian company against a decision of the EBA. It concerned the question whether the suitability of the managers of a significant branch of a bank may be a matter within EU law, and not just national law. Allowing the appeal, the Board of Appeal interpreted Directive No. 2006/48/EC consistently with the EBA Guidelines on the assessment of the suitability of members of the management body and key function holders. It came to the conclusion that the “fit and proper” requirement is not restricted to the persons who direct the business of the credit institution. The matter therefore was within the EBA’s powers of investigation. Although the appellant criticised the way in which the EBA dealt with its complaint, the Board of Appeal made it clear that it did not accept that criticism. It considered that the EBA dealt with the complaint in an appropriate manner. The ground on which the appeal was allowed was one of interpretation of the applicable legal provisions. The case was remitted to the EBA to adopt the appropriate decision in accordance with the Board of Appeal’s findings. This is for information only. The decision consists of the signed Decision only. For any enquiries, please contact EIOPA’s Press Office: Anzhelika Mayer Tel.: +49 69 9511 1968 | |||
13/01/2014 | BoA 2013-014 | Board of Appeal Decision Global Private Rating Company v. ESMA | Joint Committee, Board of Appeal | Decision | PDF 361.96 KB |
Board of Appeal of the European Supervisory Authorities dismisses appeal made by a refused CRA-applicant against ESMA On 10 January 2014, the Board of Appeal of the European Supervisory Authorities handed down its decision on an appeal by the appellant, Global Private Rating Company “Standard Rating” Ltd, against the refusal by the European Securities and Markets Authority (ESMA) to register it as a credit rating agency. This is the first appeal against a decision by ESMA refusing an applicant registration as a credit rating agency. The Board of Appeal unanimously decided that the appeal should be dismissed, and that ESMA’s refusal decision should be confirmed. It stated that it accepted the appellant’s point that the registration of a credit rating agency by ESMA is a new process, and recognised that the procedures will to an extent take time fully to work out. Nevertheless, because of the responsibilities placed on credit rating agencies and their importance in the financial system generally, it considered that the onus must be on an applicant to satisfy ESMA that the relevant requirements are met. The application and its contents must be very clear, and it is not ESMA’s responsibility as regulator to remedy deficiencies. | |||
30/04/2018 | BoA 2018-01 | Decision in an appeal by A v ESMA | Board of Appeal, Joint Committee | Decision | PDF 392.62 KB |
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14/08/2015 | BOA/2015/001 | Decision of the Board of Appeal of the European Supervisory Authorities given under Article 60 of Regulation (EU) No 1094/2010 and the Board of Appeal’s Rules of Procedure (BOA 2012 002) | Joint Committee, Board of Appeal | Decision | PDF 147.78 KB |
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07/03/2017 | ESMA22-106-140 | SMSG advice on the Joint ESMA EBA guidelines on the Assessment of the Suitability | Joint Committee, Securities and Markets Stakeholder Group | SMSG Advice | PDF 150.61 KB |
SMSG advice on the Joint ESMA EBA guidelines on the Assessment of the Suitability of Members of the Management Body and Key Function Holders |
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21/01/2020 | ESMA22-106-2077 | SMSG Advice on Joint Consultation Paper on PRIIPs KID | Joint Committee, Securities and Markets Stakeholder Group | SMSG Advice | PDF 426.62 KB |
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07/01/2022 | ESMA22-106-3809 | SMSG response to ESAs on their joint Call for evidence on the European Commission mandate regarding the PRIIPs Regulation | Fund Management, Joint Committee, Securities and Markets Stakeholder Group | SMSG Advice | PDF 325.26 KB |
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17/12/2021 | ESMA35-43-1215 | Compliance table for Joint ESMA and EBA Guidelines on the assessment of the suitability of members of the management body | Guidelines and Technical standards, Joint Committee, MiFID - Investor Protection | Compliance table | PDF 302.18 KB |
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28/01/2022 | ESMA50-164-5210 | Compliance table on Guidelines on outsourcing to cloud service providers | Guidelines and Technical standards, Innovation and Products | Compliance table | PDF 172.7 KB |
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21/03/2019 | ESMA70-145-1345 | Compliance table for the Guidelines on transaction reporting, order record keeping and clock synchronization under MiFID II | Guidelines and Technical standards, MiFID - Secondary Markets | Compliance table | PDF 112.12 KB |
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06/11/2020 | ESMA70-155-11210 | Delegation third country TV post trade transparency | Board of Supervisors, MiFID - Secondary Markets | Decision | PDF 124.97 KB |
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11/10/2018 | ESMA70-155-5775 | Delegation third country TV post trade transparency | Board of Supervisors, MiFID - Secondary Markets | Decision | PDF 219.76 KB |
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11/10/2018 | ESMA70-155-5905 | Delegation_from_the_BoardofSupervisors_opinions on third country TV_PositionLimits | Board of Supervisors, MiFID - Secondary Markets | Decision | PDF 222.28 KB |
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09/10/2019 | ESMA70-156-1010 | On the application of waivers and deferrals | MiFID - Secondary Markets | Annual Report | PDF 7.3 MB |
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21/06/2022 | ESMA70-156-1411 | Confirmation of compliance with Guidelines on the application of C6 and C7 of Annex 1 of MIFID II- COMPLIANCE TABLE | MiFID - Secondary Markets | Compliance table | PDF 151.06 KB |