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30/09/2016 2016/1411 ESMA consults on future reporting rules for securities financing transactions , , Press Release PDF
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The European Securities and Markets Authority (ESMA) has issued today a consultation paper on draft technical standards implementing the Securities Financing Transaction Regulation (SFTR), which aims to increase the transparency of shadow banking activities. Securities financing transactions (SFTs) are transactions where securities are used to borrow cash (or other higher investment-grade securities), or vice versa – this includes repurchase transactions, securities lending and sell/buy-back transactions.

11/02/2014 2014/165 ESMA consults on new CRA transparency requirements Press Release PDF
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20/12/2019 ESMA71-99-1256 ESMA CRAs TRs thematic fees report , , Press Release PDF
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15/11/2016 2016/1577 ESMA finalises Guidelines on the validation and review of Credit Rating Agencies’ methodologies , Press Release PDF
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24/05/2012 2012/330 ESMA finds high level of consistency in EU national regulators’ practices for the approval of investment prospectuses , Press Release PDF
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The European Securities and Markets Authority (ESMA) has published today “Prospectus Directive – Good Practices in the approval process“,  a peer review report on the application of regulatory good practices by national supervisory authorities - competent authorities (CA)  when approving investment prospectuses.The review was conducted using good practice criteria that ESMA developed on selected areas of the Prospectus Directive dealing with the approval process for investment prospectuses.  The prospectuses provide investors with easy to understand and relevant information on investment products.  Peer review reports on national regulators’ procedures contribute to ESMA’s objective of fostering supervisory convergence and achieving a level playing field between jurisdictions.
07/04/2016 2016/582 ESMA finds room for improvement in national supervision of investment advice to retail clients , , Press Release PDF
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01/06/2017 ESMA71-99-466 ESMA fines Moody’s €1.24 million for credit ratings breaches , , Press Release PDF
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The European Securities and Markets Authority (ESMA) has fined Moody’s Deutschland GmbH (Moody’s Germany) €750,000 and Moody’s Investors Service Limited (Moody’s UK) €490,000, and issued a public notice, for two negligent breaches of the Credit Rating Agencies Regulation (CRAR).

ESMA found that Moody’s Germany and Moody’s UK negligently committed two infringements of the CRAR regarding their public announcement of certain ratings and their public disclosure of methodologies used to determine those ratings. These failures concern nineteen ratings issued between June 2011 and December 2013 for nine supranational entities including the European Investment Bank, the European Investment Fund, the European Stability Mechanism, the European Financial Stability Facility and the European Union.

02/12/2013 2013/1790 ESMA identifies deficiencies in CRAs sovereign ratings processes Press Release PDF
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ESMA identifies deficiencies in CRAs sovereign ratings processes The European Securities and Markets Authority (ESMA) has published a Report identifying a number of deficiencies in the processes for producing and issuing sovereign ratings at the three largest credit rating agencies (CRAs), Fitch Ratings, Moody’s Investors Service and Standard & Poor’s. The Report follows an investigation carried out by ESMA into the sovereign rating processes at the three CRAs, between February and October 2013. The investigation was prompted by concerns about potential conflicts of interests, the impact of sovereign ratings on other types of ratings, CRAs’ capacity to cope with the number of rating actions during a period of high volatility, the use of bulk rating actions, and issues around the confidentiality and timing of rating actions. The investigation focused on the governance and organisation of sovereign rating activities, the adequacy and expertise of allocated human resources, the disclosure of rating information to the public, and ensuring its confidentiality before disclosure. ESMA identified deficiencies and issues for improvement in the following areas: • Independence and avoidance of conflicts of interests; • Confidentiality of sovereign rating information; • Timing of publication of rating actions; and • Resources allocated to sovereign ratings. ESMA has not determined whether any of the Report’s findings constitute a breach of the CRA Regulation, and may take action as appropriate in due course. Steven Maijoor, ESMA Chair, said: “ESMA’s investigation revealed shortcomings in the sovereign ratings process which could pose risks to the quality, independence and integrity of the ratings and of the rating process. “The focus on the sovereign rating process in this investigation stems from their increased volatility over the past few years, the importance of sovereign ratings from a credit market and financial stability perspective, and their impact on other rated entities and products. “The impact which changes in these ratings can have on financial markets, and sovereign states, can be significant. Therefore, it is imperative that users can have confidence that the CRAs have adequate systems and controls in place to ensure that ratings are rigorous, free from conflicts of interest and timely. “The CRAs who were subject to this investigation still need to make improvements in their working practices to ensure their full compliance with the CRA Regulation and to eradicate inadequate practices from the past.” Investigation Findings The key areas where ESMA identified deficiencies requiring remedial actions by the CRAs included the following areas and related issues: 1. Independence and avoidance of conflicts of interests: ESMA has concerns that in a number of areas associated with conflicts of interest and independence, the actual failings or potential risks identified might compromise the independence of the ratings process and the quality of the credit ratings. These include: • the type of involvement of senior management in sovereign rating activities; • the independent review function’s participation in the sovereign rating process; • the research publication activities carried out by CRAs; • the involvement by certain non-rating functions (e.g. communication) in the rating process; and • the implementation of the appeal procedure. 2. Confidentiality of sovereign rating information The investigation identified deficiencies in the way confidential rating information is managed, in particular how access to information on upcoming rating actions on sovereigns is controlled. These include: • the disclosure of upcoming rating actions to an unauthorised third party; • inadequate controls in place for the circulation of rating information within the CRA(s); • the controls around the use of external communication consultants; and • inappropriate permissions and controls to secure access to rating information. 3. Timing of publication of rating actions: The investigation found that there had been instances of significant and frequent delays in the publication of sovereign ratings. ESMA also observed deficiencies in the advance notification to rated entities about upcoming rating actions. 4. Resources allocated to sovereign ratings: ESMA has concerns on the resources dedicated to sovereign ratings, in particular: • the lack of an adequate mechanism to assess the adequacy of resources; • assigning lead analyst responsibilities to junior or newly hired staff; • reliance on junior support staff; and • unclear definitions of functions and responsibilities. A number of good practices were also identified amongst the surveyed firms including analytical training programmes, practices designed to improve challenge in rating committees, and to ensure continuity in the allocation of analysts to sovereign portfolios. ESMA has required the CRAs to put in place remedial action plans to address the issues identified, and will monitor their progress against these plans as part of its on-going supervision.
26/04/2012 2012/272 ESMA identifies divergence in Member States’ use of sanctions under the Market Abuse Directive , Press Release PDF
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The European Securities and Markets Authority (ESMA) has published a report on the use of administrative and criminal sanctions by European Union (EU) national regulators under the Market Abuse Directive (MAD).  The report provides a comparison of the use of administrative sanctioning powers across 29 EEA Member States for 2008-2010.  The results of the report will provide input to the legislative process on the new market abuse regime.
22/03/2012 2012/220 ESMA issues a report on its first examinations of credit rating agencies , Press Release PDF
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ESMA today publishes a report (ESMA/2012/207) on the supervision of Credit Rating Agencies (CRAs) registered in the European Union (EU). The report provides an overview of ESMA’s supervisory activity and summarises the results of the first examinations ESMA conducted in December 2011 of three groups of CRAs, namely Fitch Ratings (Fitch), Moody’s Investor Services (Moody’s) and Standard and Poor’s Rating Services (S&P).
31/05/2017 ESMA71-99-469 ESMA issues principles on supervisory approach to relocations from the UK , , Press Release PDF
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The European Securities and Markets Authority (ESMA) has published an Opinion setting out general principles aimed at fostering consistency in authorisation, supervision and enforcement related to the relocation of entities, activities and functions from the United Kingdom. The opinion is addressed to national competent authorities (NCAs), in particular of the 27 Member States that will remain in the EU (EU27).

The opinion is a practical tool to support supervisory convergence in the context of increased requests from UK financial market participants seeking to relocate to the EU27. It covers all legislation referred to in the ESMA Regulation, in particular the AIFMD, the UCITS Directive, MiFID I and MiFID II.

13/07/2017 ESMA71-99-526 ESMA issues sector-specific principles on relocations from the UK to the EU27 , , Press Release PDF
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The European Securities and Markets Authority (ESMA) has published three Opinions setting out sector-specific principles in the areas of investment firms, investment management and secondary markets, aimed at fostering consistency in authorisation, supervision and enforcement related to the relocation of entities, activities and functions from the United Kingdom .

The opinions, building on the general opinion issued in May, are practical tools to support supervisory convergence in the context of requests from UK financial market participants seeking to relocate to the EU27. They are addressed to national competent authorities (NCAs) and are relevant for market participants considering relocating.

They provide guidance to NCAs aimed at ensuring a consistent interpretation of the requirements relating to authorisation, supervision and enforcement in order to avoid the development of regulatory and supervisory arbitrage risks.

10/07/2013 2013/924 ESMA launches consultation on implementation of new CRA Regulation , Press Release PDF
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The European Securities and Markets Authority (ESMA) has published a Discussion Paper dealing with the implementation of the CRA3 Regulation, which entered into force on 20 June 2013.The Regulation, which complements the existing regulatory framework for credit rating agencies (CRAs), requires ESMA to draft Regulatory Technical Standards (RTS) on:•    disclosure requirements on structured finance instruments (SFIs);•    the European Rating Platform (ERP); and•    the periodic reporting on fees charged by CRAs.ESMA is seeking views from all interested parties in order to assist in its preparation of the draft RTS to be published for consultation in early 2014.  ESMA must submit the draft RTS to the European Commission by 21 June 2014.
02/02/2012 2012/64 ESMA makes available data on credit ratings’ past performances- central repository launched Press Release PDF
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ESMA launches today a Central Rating Repository (CEREP) providing information on credit ratings issued by those 15 Credit Rating Agencies (CRAs) which are either registered or certified in the European Union.   The CEREP database will allow investors to assess for the first time on a single platform the performance and reliability of credit ratings on different types of ratings, asset classes and geo-graphical regions over the time period of choice.  To access the database, please click here.
04/06/2020 ESMA71-99-1339 ESMA promotes convergence in the supervision of costs in UCITS and AIFs , Press Release PDF
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08/11/2018 ESMA71-99-1055 ESMA proposes a regulatory change to support the Brexit preparations of counterparties to uncleared OTC derivatives , , Press Release PDF
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20/12/2012 2012/860 ESMA proposes guidelines on the scope of the CRA Regulation , Press Release PDF
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ESMA proposes guidelines on the scope of the CRA Regulation The European Securities and Markets Authority (ESMA) has launched a Consultation Paper on Guidelines and Recommendations on the scope of the CRA Regulation.  The draft Guidelines aim to provide clarification on certain aspects of the scope of the Credit Rating Agencies (CRA) Regulation to registered CRAs, other market participants operating on the perimeter of this sector and to national securities markets regulators.The draft Guidelines focus on a number of areas under the CRA Regulation, which ESMA believes require clarification following its experience of the registration process and the enforcement of the perimeter of the CRA Regulation under the new EU supervisory regime.  The Guidelines will contribute to a consistent approach to the application of the CRA Regulation and ensure a level-playing field for all market participants in this industry.ESMA would like to remind market participants that issuing credit ratings in the EU is a regulated activity.  Market participants conducting rating activities within the scope of the CRA Regulation must apply for registration with ESMA, and that carrying on these activities without registration constitutes an infringement of the CRA Regulation and is subject to administrative sanctions, including fines.The draft Guidelines address the following issues:•    Obligation to register;•    Credit rating activities and exemptions from registration;•    Private Ratings;•    Establishment of branches outside the EU by registered CRAs;•    Specific disclosure best practices – credit scoring firms and export credit agencies; and•    Enforcement of the scope of the CRA RegulationThe closing date for responses is 20 February 2013 and an open hearing on the consultation will take place in Paris on 22 January 2013.
04/04/2017 71-99-378 ESMA proposes updates to endorsement guidelines for 3rd country credit ratings , Press Release PDF
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The European Securities and Markets Authority (ESMA) has published a consultation paper (CP) on updating its Guidelines on the application of the endorsement regime under the CRA (Credit Rating Agencies) Regulation. Endorsement is a regime under the CRA Regulation, which allows credit ratings issued by a third-country CRA, and endorsed by an EU CRA, to be used for regulatory purposes in the EU. A credit rating that has been endorsed is considered to have been issued by the endorsing EU CRA. The endorsement regime is available for CRAs of systemic importance with global networks of affiliates.

09/02/2017 ESMA71-844457584-345 ESMA publishes 2017 Supervisory Convergence Work Programme , Press Release PDF
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The European Securities and Markets Authority (ESMA) has published its 2017 Supervisory Convergence Work Programme (SCWP), which details the activities and tasks it will carry out to promote sound, efficient and consistent supervision across the European Union.

ESMA and national competent authorities (NCAs) will focus their supervisory convergence work on the following priorities:

  • the implementation of MiFID II/MiFIR and MAR including the underlying IT projects;
  • improving the quality to data collected by NCAs;
  • investor protection in the context of cross-border provision of services; and
  • convergence in the supervision of European Union CCPs.

These priorities have been developed taking into account different factors, including the market environment, legislative and regulatory developments, and NCAs’ supervisory priorities.

07/02/2018 ESMA71-99-944 ESMA publishes 2018 Supervisory Convergence Work Programme , Press Release PDF
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