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|Date||Ref.||Title||Section||Type||Download||Info||Summary||Related Documents||Translated versions|
|03/01/2013||2012/874||Report to the European Parliament, the Council and the Commission on the budgetary implications of Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR)||Post Trading||Final Report||PDF
|02/10/2013||2013/1370||Technical advice on third country regulatory equivalence under EMIR – India||Post Trading||Final Report||PDF
|02/10/2013||2013/1375||Technical advice on third country regulatory equivalence under EMIR – Canada||Post Trading||Final Report||PDF
|02/10/2013||2013/1374||Technical advice on third country regulatory equivalence under EMIR – Switzerland (Supplement)||Post Trading||Final Report||PDF
|20/12/2013||2013/SMSG/017||Advice on Consultation Paper – Draft Regulatory Technical Standards on contracts having a direct, substantial and foreseeable effect within the Un-ion and non-evasion of provisions of EMIR||Securities and Markets Stakeholder Group||SMSG Advice||PDF
|20/12/2013||2013/SMSG/018||Advice on Discussion Paper – The Clearing Obligation under EMIR||Securities and Markets Stakeholder Group||SMSG Advice||PDF
|08/01/2015||2015/20||ESMA review of CCP colleges under EMIR||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
|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||2015/1252||EMIR Review Report no.2- Review on the efficiency of margining requirements to limit procyclicality||Post Trading||Final Report||PDF
|13/08/2015||2015/1251||EMIR Review Report no.1- Review on the use of OTC derivatives by non-financial counterparties||Post Trading||Final Report||PDF
|13/11/2015||2015/1645||Final report EMIR Article 9 RTS ITS||Post Trading||Final Report||PDF
|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.
|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.
|05/04/2016||2016/422||Final Report RTS on access aggregation and comparison of TR data under Art.81 of EMIR||Post Trading||Final Report||PDF
|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
|18/01/2017||ESAS-2017-82||Report on the functionning of the CRR with the related obligations under EMIR||Post Trading||Report||PDF
|31/03/2017||ESMA70-708036281-82||Final Report on Technical standards under SFTR and certain amendments to EMIR||Post Trading||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
|10/07/2017||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