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|Date||Ref.||Title||Section||Type||Download||Info||Summary||Related Documents||Translated versions|
|09/12/2019||ESMA70-151-2820||Supervisory measures and Penalties under Articles 4, 9, 10 and 11 of EMIR||Post Trading, Supervisory convergence||Report||PDF
|05/12/2019||JC 2019 20||Final report- EMIR RTS on various amendments to the bilateral margin requirements in view of the international framework||Joint Committee, Post Trading||Final Report||PDF
|17/10/2019||ESMA42-111-4895||EMIR data quality peer review||Post Trading, Supervisory convergence||Report||PDF
|13/06/2018||ESMA70-151-1400||Report on supervisory measures and penalties under EMIR||Post Trading||Report||PDF
|10/07/2017||ESMA70-151-370||Final report on draft technical standards on data to be made publicly available by TRs under Article 81 of EMIR||Post Trading||Final Report||PDF
|21/04/2017||ESMA70-151-223||Final Report on technical advice to EC on fees to TRs under SFTR and on certain amendments to fees to TRs under EMIR||Post Trading||Final Report||PDF
|10/04/2017||ESMA70-708036281-18||Opinion on portfolio margining requirements under Article 27 of EMIR Delegated Regulation||Post Trading||Opinion||PDF
|31/03/2017||ESMA70-708036281-82||Final Report on Technical standards under SFTR and certain amendments to EMIR||Post Trading||Report||PDF
|18/01/2017||ESAS-2017-82||Report on the functionning of the CRR with the related obligations under EMIR||Post Trading||Report||PDF
|15/11/2016||2016/1575||Opinion- Common indicators for new products and services under Article 15 and for significant changes under Article 49 of EMIR||Post Trading||Opinion||PDF
|26/05/2016||2016/725||Draft RTS on indirect clearing arrangements under EMIR and MiFIR||Guidelines and Technical standards, Post Trading, MiFID - Secondary Markets||Final Report||PDF
|05/04/2016||2016/422||Final Report RTS on access aggregation and comparison of TR data under Art.81 of EMIR||Post Trading||Final Report||PDF
|05/04/2016||2016/429||Review of Article 26 of RTS No 153/2013 with respect to MPOR for client accounts||Post Trading||Final Report||PDF
Reasons for publication
In relation to the draft amended technical standards, ESMA consulted stakeholders on two occasions: the first consultation on a Discussion Paper (DP) was conducted from 27 August to 30 September 2015; the second, on the consultation paper (CP) including the proposed draft RTS was carried out from 14 December 2015 to 1st February 2016.
ESMA received a strong support from the respondents to the CP on the proposed amendment introducing the possibility for EU CCPs to margin on a one day gross basis for clients’ accounts. The responses to the consultation confirm that a one day gross account structure provides a sufficient level of protection to the CCPs and to the clients.
On the proposed conditions linked to this type of account, the majority of the respondents are of the view that they are needed to ensure the safety of the CCPs. Some clarifications or slight amendments have been introduced following the comments received, in particular on intraday margins calls and on entities belonging to the same group as clearing members.
|05/02/2016||2016/234||ESMA’s supervision of credit rating agencies and trade repositories- 2015 annual report and 2016 work plan.||Credit Rating Agencies, Trade Repositories||Report||PDF
The European Securities and Markets Authority’s (ESMA) annual report and work programme has been prepared according to Article 21 of Regulation 1060/2009 on credit rating agencies as amended (the CRA Regulation) and Article 85 of Regulation 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR). It highlights the direct supervisory activities carried out by ESMA during 2015 regarding credit rating agencies (CRAs) and trade repositories (TRs) and outlines ESMA’s main priorities in these areas for 2016.
ESMA adopts a risk-based approach to the supervision of CRAs and TRs in accordance with its overall objectives of promoting financial stability and orderly markets and enhancing investor protection. This risk-based approach requires the analysis of information from a variety of sources and the application of multiple supervisory tools including day-to-day supervision, cycle of engagement meetings with supervised entities, on-site inspections and dedicated investigations.
In order to build on the expertise that ESMA has developed through its supervision of CRAs and TRs, ESMA created a single Supervision Department in November 2015. ESMA intends to draw on the best practices identified from the supervision of both types of entity to further enhance its supervisory effectiveness in future.
|13/11/2015||2015/1645||Final report EMIR Article 9 RTS ITS||Post Trading||Final Report||PDF
|13/08/2015||2015/1251||EMIR Review Report no.1- Review on the use of OTC derivatives by non-financial counterparties||Post Trading||Final Report||PDF
|13/08/2015||2015/1252||EMIR Review Report no.2- Review on the efficiency of margining requirements to limit procyclicality||Post Trading||Final Report||PDF
|13/08/2015||2015/1253||EMIR Review Report no.3- Review on the segregation and portability requirements||Post Trading||Final Report||PDF
|13/08/2015||2015/1254||EMIR Review Report no.4- ESMA input as part of the Commission consultation on the EMIR Review||Post Trading||Final Report||PDF
|09/06/2015||2015/921||Keynote speech at IDX 2015||Speeches||Speech||PDF
|Rule-making and Implementation – EMIR and MiFID IIESMA is dealing with the two main European legislative projects affecting derivatives regulation – EMIR and MiFID II – for a number of years now. While EMIR has already entered the review stage, MiFID II still has 1.5 years to go before it applies in practice and during which ESMA will have to finalise its legislative implementing measures and work towards practical implementation along with the European national supervisors. These two projects show the different phases of ESMA regulatory work and I will talk about aspects of both of them today. For EMIR, ESMA is very much in the implementation stage. The initial work on technical standards has been completed and we are now working to ensure stringent implementation of the legislation. For example, we are working on the review of reporting to Trade Repositories building on the experience of the start of TR reporting in February 2014. We expect to submit draft technical standards to the European Commission after this summer. The revised ESMA standards should become applicable in the second half of 2016. I will elaborate on this a bit later. In addition, under EMIR, ESMA continues working on the clearing obligation for derivatives and again I will say a bit more about the current work on this implementation topic a little later on. At the same time, EMIR is already undergoing a review. Like for most legislative measures, a review clause was included in EMIR and the Commission has launched a public consultation recently. ESMA will be actively contributing to the review, building on its experience in implementing EMIR. For MiFID II, the decisive date for application remains 3 January 2017. ESMA is therefore very much still in the rule-making stage with regards to this project. The initial date for ESMA to deliver its main set of technical standards to the European Commission is 3 July 2015. While ESMA is in full flow trying to finalise its package of standards, the timetable has recently been slightly amended due to ESMA and the European Commission agreeing on an early legal review. Under the European set of rules, any technical standard proposed by ESMA has to be adopted by the European Commission and one prerequisite for such adoption is the standard passing the review by the Commission Legal Services. Given that MiFID II is of a size unprecedented in terms of number and volume of technical standards, ESMA and the European Commission considered it important for the standards to be legally reviewed before final and formal submission of draft standards from ESMA to the European Commission. That way, the risk of having potentially a number of standards rejected for legal drafting reasons which would render the subsequent implementation timetable for MiFID II unworkable should be diminished.The early legal review will take place over the course of the summer and ESMA expects to submit its draft technical standards for formal adoption by the European Commission at the end of September 2015. At that point in time there will be clarity for stakeholders as to the exact content of ESMA’s proposals relevant for the regulation of derivatives trading.|