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Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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24/06/2014 | 2014/685 | Draft Regulatory Technical Standards under the CRA3 Regulation | Credit Rating Agencies | Technical Standards | PDF 2.39 MB |
The European Securities and Markets Authority (ESMA) has published its Final Report on draft Regulatory Technical Standards (RTS) required under the Credit Rating Agencies (CRA3) Regulation regarding information on transparency of structured finance instruments, the European Rating Platform and periodic reporting of fees charged by credit rating agencies. The draft RTS, which complement the existing regulatory framework for credit rating agencies (CRAs), cover: • disclosure requirements on structured finance instruments (SFIs); • the European Rating Platform (ERP); and • the periodic reporting on fees charged by CRAs. | |||
20/02/2014 | 2014/161 | Draft implementing technical standards on notification- EuSEF | Fund Management | Technical Standards | PDF 29.18 KB |
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20/02/2014 | 2014/160 | Draft implementing technical standards on notification- EuVECA | Fund Management | Technical Standards | PDF 175.99 KB |
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20/12/2013 | 2013/1970 | Draft Regulatory Technical Standards on specific situations that require the publication of a supplement to the prospectus | Prospectus, Corporate Disclosure | Technical Standards | PDF 713.74 KB |
The Final Report contains the draft Regulatory Technical Standard (RTS) on situations which require the publication of a supplement to the prospectus which ESMA is required to submit to the European Commission by 1 January 2014 in accordance with Article 16(3) of the Prospectus Directive. The Report furthermore includes a summary of the main responses received to ESMA’s Consultation Paper which was published in March 2013. The draft RTS sets out nine situations which are always considered to be significant in the context of securities issuance and where a supplement to the prospectus will always be required. Other situations would require a case-by-case assessment. | |||
18/12/2013 | 2013/1944 | Format of the base prospectus and consistent application of Article 26(4) of the Prospectus Regulation | Prospectus, Corporate Disclosure | Opinion | PDF 75.6 KB |
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01/08/2013 | 2013/1072 | Practical arrangements for the late transposition of the AIFMD | Fund Management | Opinion | PDF 93.1 KB |
The European Securities and Markets Authority (ESMA) has published an Opinion on arrangements for the late imposition of the AIFMD. The scope of the opinion is confined to the provision of collective portfolio management services. Arrangements before implementation of the Directive in all Member States Notification of marketing of EU AIFs when the host MS of the AIFM has not transposed the Directive (Articles 31 and 32 of the Directive) ESMA believes that, if the Directive has been transposed in the home MS of the AIFM, the competent authority of the host MS of the AIFM (Article 32) or home MS of the AIFM (Article 31) may not refuse a valid notification under the Directive on the ground that the Directive has not yet been transposed in the host MS. This applies irrespective of whether the marketing is done using the freedom to provide services or by means of a branch. Management passport (Article 33 of the Directive) ESMA believes that AIFMs established in a MS that has transposed the Directive should be able to manage an EU AIF via the management passport, both using the freedom to provide services or by means of a branch, in a MS where the Directive has not been transposed, irrespective of the provisions currently in place in such jurisdiction since the relevant provisions of the Directive are of a self-executing nature, and provided the AIFM is authorised to manage that type of AIF in accordance with Article 33(1) of the AIFMD. Any local restrictions on AIFMs that are not in accordance with the AIFMD will need to be disapplied. | |||
30/04/2013 | 2013/542 | Emergency measure by the Greek HCMC under Section 1 of Chapter V of Regulation No 236/2012 on short selling and certain aspects of credit default swaps | Short Selling, Market Integrity | Opinion | PDF 96.41 KB |
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02/04/2013 | 2013/413 | Final Report- Draft regulatory technical standards on types of AIFMs | Fund Management | Technical Standards | PDF 116.08 KB |
The European Securities and Markets Authority (ESMA) has published its draft regulatory technical standards (RTS) to determine types of alternative investment fund managers (AIFMs), where relevant in the application of the AIFMD. The draft RTS distinguish AIFMs managing alternative investment funds (AIF) of the open-ended type and AIFMs managing AIFs of the closed-ended type, in order to apply the rules on liquidity management, the valuation procedures and the transitional provisions of the AIFMD. ESMA was required to develop these RTS by Article 4(4) of the AIFMD and they are aimed at ensuring uniform conditions of application of the AIFMD across the European Union. | |||
20/03/2013 | 2013/317 | Framework for the assessment of third country prospectuses under Article 20 of the Prospectus Directive | Prospectus, Corporate Disclosure | Opinion | PDF 725.59 KB |
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29/01/2013 | 2013/149 | Emergency measure by the Greek HCMC under Section 1 of Chapter V of Regulation No 236/2012 on short selling and certain aspects of credit default swaps | Short Selling | Opinion | PDF 96.52 KB |
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20/11/2012 | 2012/721 | Opinion on Article 50(2)(a) of the UCITS Directive | Fund Management | Opinion | PDF 81.31 KB |
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01/11/2012 | 2012/717 | ESMA Opinion on emergency measure by the Greek HCMC under Section 1 of Chapter V of Regulation No. 236/2012 on short selling and certain aspects of credit default swaps | Short Selling | Opinion | PDF 95.45 KB |
ESMA Opinion ESMA is adopting the following opinion on the notified measure, on the basis of Article 27(2) of Regulation 236/2012 on Short selling and certain aspects of credit default swaps: On the adverse events or developmentsESMA considers that there are adverse developments which constitute a serious threat to financial stability and to market confidence in Greece. On the appropriateness and proportionality of the measure ESMA considers that the measure is appropriate and proportionate to address the above-mentioned threats that persist in Greece. On the duration of the measureESMA considers that the duration of the measure is justified and appreciates the HCMC’s statement in its notification of intent whereby the measure may be lifted during the period of enforcement of the measure, if considered necessary. | |||
01/11/2012 | 2012/715 | ESMA Opinion on emergency measure by Spanish CNMV under Section 1 of Chapter V of Regulation No. 236/2012 on short selling and certain aspects of credit default swaps | Short Selling | Opinion | PDF 79.2 KB |
ESMA Opinion ESMA is adopting the following opinion on the notified measure, on the basis of Article 27(2) of Regulation 236/2012 on Short selling and certain aspects of credit default swaps: On the adverse events or developmentsESMA considers that there are adverse developments which constitute a serious threat to financial stability and to market confidence in Spain. On the appropriateness and proportionality of the measure ESMA considers that the measure is appropriate and proportionate to address the above-mentioned threats that persist in Spain. On the duration of the measureESMA considers that the duration of the measure is justified and appreciates the CNMV’s statement in its notification of intent whereby the measure may be lifted during the period of enforcement of the measure, if considered necessary. | |||
30/03/2012 | 2012/228 | Draft technical standards on the Regulation (EU) No 236/2012 of the European Parliament and of the Council on short selling and certain aspects of credit default swaps | Short Selling | Technical Standards | PDF 1.02 MB |
Regulation (EU) No 236/2012 of the European Parliament and of the Council of 14 March on short selling and certain aspects of credit default swaps (the Regulation) requires ESMA to develop draft regulatory (RTS) and implementing technical standards (ITS) in relation to several provisions contained in Articles 9, 11, 12 and 16 of the Regulation. The draft RTS and ITS will be submitted to the European Commission by 31 March 2012. The Commission has three months to decide whether to endorse ESMAs draft technical standards. A further regulatory technical standard, on the method of calculation of the fall in value of a financial instrument required under Article 24(8) of the Regulation will be submitted together with the technical advice in the course of April 2012. | |||
22/12/2011 | 2011/464 | Final report- Draft RTS on the content and format of ratings data periodic reporting to be requested from credit ratings agencies for the purpose of on-going supervision by ESMA | Credit Rating Agencies | Technical Standards | PDF 485.78 KB |
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22/12/2011 | 2011/463 | Final report- Regulatory technical standards on the information for registration and certification of credit rating agencies | Credit Rating Agencies | Technical Standards | PDF 444.79 KB |
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22/12/2011 | 2011/462 | Final Report- Draft RTS on the assessment of compliance of credit rating methodologies with CRA Regulation | Credit Rating Agencies | Technical Standards | PDF 445.83 KB |
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22/12/2011 | 2011/461 | Final report- Regulatory Technical Standards on the presentation of the information that credit rating agencies shall disclose in accordance with Article 11(2) and point 1 of Part II of Section E of Annex I to Regulation (EC) No 1060/2009 | Credit Rating Agencies | Technical Standards | PDF 555.25 KB |
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13/10/2011 | 2011/342 | Opinion- Practical arrangements for the late transposition of the UCITS IV Directive | Fund Management | Opinion | PDF 41.33 KB |
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