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|Date||Ref.||Title||Section||Type||Download||Info||Summary||Related Documents||Translated versions|
|25/09/2000||00-064c||The regulation of Alternative Trading Systems in Europe. A paper for the EU Commission||MiFID - Secondary Markets||Final Report||PDF
|Alternative Trading Systems (ATS) offer electronic securities trading facilities outside the traditional trading channels. An expert group chaired by Howard Davies, Chairman of the UK FSA, has studied the impact of such systems in depth. The group has prepared a comprehensive report identifying and assessing the benefits and risks associated with the emergence of ATS and analysing the current regulatory treatment of such systems, within Europe and elsewhere. The report proposes both a short term and a long term option for a harmonised regulatory treatment of such systems in Europe.The paper was submitted to the European Commission as FESCO"s contribution to the preparation of the forthcoming Green Paper on possible amendments to the Investment Services Directive. The Green Paper will shortly be published as a basis for consultation with Member States, the financial services industry and other interested parties. However, the FESCO paper noted that, while the Green Paper on the ISD might be the catalyst for a far-reaching review of the regulatory approach to ATS, it would not provide a short-term solution. Accordingly, FESCO proposed that the short-term solution should take the form of a set of additional regulatory requirements for ATS operating as investment firms.FESCO will be working on proposals for what those additional regulatory requirements might be over the next six months, with a view to producing a consultation paper in the first half of 2001. This consultation paper will provide an opportunity for interested parties to comment in detail on the FESCO proposals. If, however, in the meantime interested parties have any specific comments on the possible additional regulatory requirements identified in paragraph 71 of the September paper, they should make these known to the Secretariat of FESCO via the following e-mail address: email@example.com|
|20/01/2011||2011/16||Letter to the SEC- Rulemakings on Registration of non-resident Swap Data Repositories||MiFID - Secondary Markets||Letter||PDF
|20/07/2011||2011/223||Press release- ESMA consults on systems and controls for highly automated trading||Press Releases, MiFID - Secondary Markets||Press Release||PDF
|20/07/2011||2011/224||Consultation paper- Guidelines on systems and controls in a highly automated trading environment for trading platforms, investment firms and competent authorities||MiFID - Secondary Markets||Consultation Paper||PDF
|20/01/2011||2011/4||Letter to the CFTC- Rulemakings on Registration of foreign Swap Data Repositories and Foreign Boards of Trade||MiFID - Secondary Markets||Letter||PDF
|09/12/2011||2011/431||Global regulators discuss OTC derivatives regulation||Press Releases, MiFID - Secondary Markets||Press Release||PDF
|Leaders and senior representatives of the authorities responsible for the regulation of the over-the-counter (OTC) derivatives markets in Canada, the European Union, Hong Kong, Japan, Singapore and the United Statesmet met yesterday in Paris.|
|22/12/2011||2011/456||Final report- Guidelines on systems and controls in an automated trading environment for trading platforms, investment firms and competent authorities||MiFID - Secondary Markets||Guidelines & Recommendations||PDF
This is the final report. The guidelines along with the translations are published separately.
|22/12/2011||2011/457||ESMA outlines future automated trading regime for trading platforms, investment firms and competent authorities||Press Releases, MiFID - Secondary Markets||Press Release||PDF
|24/02/2012||2012/122||Guidelines- Systems and controls in an automated trading environment for trading platforms, investment firms and competent authorities||Guidelines and Technical standards, MiFID - Secondary Markets||Guidelines & Recommendations||PDF
ESMA Board of Supervisors (the BoS) has decided on the 26 September 2018 to withdraw the guidelines on “Systems and controls in an automated trading environment for trading platforms, investment firms and competent authorities”. The guidelines were issued by ESMA, in February 2012, to ensure a common, uniform and consistent application of MiFID and MAD. The BoS decision to withdraw the guidelines is based on the subject matter being fully incorporated into MiFID II, MAR, and relevant delegated acts.
|24/02/2012||2012/128||ESMA readies guidelines on automated trading – application deadline starts||Press Releases, MiFID - Secondary Markets||Press Release||PDF
|ESMA today publishes the official translations of its final “Guidelines on systems and controls in an automated trading environment for trading platforms, investment firms and competent authorities” (ESMA/2011/456), first published on 21 December 2011. High Frequency Trading (HFT) is one form of automated trading. By having translated the guidelines into all the official languages of the EU, today’s publication triggers a transitional period of two months within which national supervisors have to declare whether they intend to comply with the guidelines or otherwise explain the reasons for non-compliance which would be made public by ESMA. According to the ESMA Regulation national supervisors have to make every effort to comply with the Guidelines.|
|20/06/2012||2012/378||Operation of notifications of MiFID Article 41 suspensions and removals of financial instruments from trading||MiFID - Secondary Markets||Reference||PDF
|This protocol has been created to ensure effective co-operation between Competent Authorities (CAs) with respect to their obligations under Article 41 of MiFID (Suspension and removal of in-struments from trading).The purpose of the notification obligations under Article 41 is to afford investors across all Mem-ber States the same level of protection regardless of where they trade. In order to achieve this outcome, a shared understanding of the different circumstances under which trading may be suspended in different Member States according to their national law and the expected course of action under Article 41 is helpful. To ensure trading is suspended or an instrument is removed from trading in an effective and timely way, an effective communication process is necessary.The protocol will be kept under review in light of practical experience.|
|25/07/2012||2012/478||ESMA MiFID database- description of webservice||MiFID - Secondary Markets||Reference||PDF
|This document provides useful information for developers wanting to use the webservice provided in ESMA's MIFID databases.|
|02/12/2013||2013/1792||Call for expressions of interest regarding the establishment of the Consultative Working Group of the ESMA Market Data Reporting Working Group||MiFID - Secondary Markets||Reference||PDF
|Deadline for applications is 3 January 2014.|
|28/01/2014||2013/1941||Letter to Jonathan Faull (EC) regarding draft technical standards||MiFID - Investor Protection, MiFID - Secondary Markets||Letter||PDF
|10/11/2016||2013/68c||Protocol on the operation of ESMA MiFID Database final||MiFID - Investor Protection, MiFID - Secondary Markets||Reference||PDF
|29/09/2014||2014/1188||Consultation paper on draft Implementing Technical Standards on main indices and recognised exchanges under the Capital Requirements Regulation||MiFID - Secondary Markets||Consultation Paper||PDF
|Responding to this paper 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 1. 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 November 1st 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 by following the link ‘Data protection’. Who should read this paper? All interested stakeholders are invited to respond to this consultation paper. It will primarily be of interest to credit institutions and investment firms who need to calculate their credit risk exposure under the Capital Requirements Regulation (EU) No 575/2013 of 26 June 2013.|
|29/09/2014||2014/1189||Consultation paper on draft guidelines on the application of C6 and C7 of Annex I of MiFID||MiFID - Secondary Markets||Consultation Paper||PDF
|06/11/2014||2014/1334||MiFID database- Contact emails of national competent authorities for market participants [updated]||MiFID - Secondary Markets||Reference||PDF
ESMA has established a list of national contacts, to which questions pertaining to the content of specific entries should be sent. Please use this list to contact the relevant competent authority if you a have a query regarding shares which have been included in or ex-cluded from the list, the calculations for a specific entry or its status as liquid/not liquid.
|19/12/2014||2014/1569||Technical Advice to the Commission on MiFID II and MiFIR||MiFID - Investor Protection, MiFID - Secondary Markets||Technical Advice||PDF
|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).|
|19/12/2014||2014/1570||Consultation paper on MiFID II/MiFIR- part 1||MiFID - Investor Protection, MiFID - Secondary Markets||Consultation Paper||PDF
|Who should read this paper?
This document will be of interest to all stakeholders involved in the securities markets. It is primarily of interest to competent authorities and firms that are subject to MiFID II and MiFIR – in particular, investment firms, credit institutions performing investment services and activities, data reporting services providers and trading venues. This paper is also important for trade associations and industry bodies, institutional and retail investors and their advisers, and consumer groups, as well as any market participant because the MiFID II and MiFIR requirements seek to implement enhanced provisions to ensure investor protection and the transparency and orderly running of financial markets with potential impacts for anyone engaged in the dealing with or processing of financial instruments.
Responding to this paper
The European Securities and Markets Authority (ESMA) invites responses to the specific questions listed in the ESMA MiFID II/MiFIR Consultation Paper.
Please note that ESMA will only be able to consider responses received using this “form to reply” and complying with the procedure below.
a) InstructionsPlease note that, in order to facilitate analysis of the large number of responses expected, ESMA will be using an IT tool that does not allow processing of responses which do not follow the formatting indications described below. Therefore, in responding stakeholders should:i. use the published template and send their responses in Word format (pdf documents will not be considered except for annexes); ii. not remove the tags of type