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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
05/03/2015 MOU ESMA RBA MoU between ESMA and RBA regarding trade repositories Reference PDF
134.04 KB
The European Securities and Markets Authority (ESMA) and the Reserve Bank of Australia (RBA) have concluded a Memorandum of Understanding (MoU) that will allow RBA to have access to data held in European Trade repositories according to its mandate. The MoU is effective as of 18 February 2015.The ESMA-RBA MoU is the second cooperation arrangement established under Article 76 of the European Market Infrastructure Regulation (EMIR). This provision aims at ensuring that third-country authorities that do not have any trade repository in their jurisdiction may access the information on derivatives contracts held in European trade repositories which is relevant for their mandates. The MoU ensures that guarantees of professional secrecy exist. The first MoU of this kind was concluded in November 2014 between ESMA and the Australian Securities & Investments Commission (ASIC).
09/03/2015 ESMA MAS MoU ESMA and MAS MoU on CCPs Reference PDF
758.85 KB
18/03/2015 2015/592 Automated Trading Guidelines- ESMA peer review among National Competent Authorities Final Report PDF
930.33 KB
22/04/2015 PROC/2015/005 Low value negotiated tender- Journée européenne de la protection des consommateurs 2016 CLOSED Procedure PDF
146.19 KB
10/06/2015 PROC/2014/22 Open tender for Application development, maintenance and service desk (ADM & SD)- Deadline 31/07/2015 CLOSED Procedure PDF
120.63 KB
This tender procedure is for application development, maintenance and service desk (ADM & SD) divided in the following three lots:Lot 1 – Service deskLot 2 – Business supportLot 3 – Application development and maintenanceAll documents related to this call for tender are downloadable and visible following the TED eTendering link published below and in the contract notice. All of the information is accessible without registration in the eTendering website. However, registered users will be able to use the following functionalities:•    Submission of questions related to the tender;•    Notifications related to changes to the tender procedure.ESMA strongly advises registering and subscribing to ensure that no information related to the tender procedure is missed.Link to eTendering: https://etendering.ted.europa.eu/cft/cft-display.html?cftId=892
25/08/2015 PROC/2015/010 Fixed Telephony Services- Deadline for submission: 13.10.2015 CLOSED Procedure PDF
105.85 KB
This tender procedure is for Fixed telephony services:   All documents related to this call for tender are downloadable and visible following the TED eTendering link published below and in the contract notice. All of the information is accessible without registration in the eTendering website. However, registered users will be able to use the following functionalities: •    Submission of questions related to the tender; •    Notifications related to changes to the tender procedure. ESMA strongly advises registering and subscribing to ensure that no information related to the tender procedure is missed.   Link to eTendering: https://etendering.ted.europa.eu/cft/cft-display.html?cftId=1043
03/09/2015 2012/236 Annual list of contractors- 2011 Reference PDF
143.08 KB
03/09/2015 2013/890 Annual list of contractors- 2012 Reference PDF
164.99 KB
03/09/2015 2014/713 Annual list of contractors- 2013 Reference PDF
185.3 KB
03/09/2015 2015/931 Annual list of contractors- 2014 Reference PDF
237.36 KB
03/09/2015 Procurement conditions Procurement- General conditions with ESMA Reference PDF
317.7 KB
30/09/2015 PROC/2015/015 Building maintenance services- Deadline for submission: 06.11.2015 CLOSED Procedure PDF
106.39 KB
This tender procedure is for Building maintenance services:   All documents related to this call for tender are downloadable and visible following the TED eTendering link published below and in the contract notice. All of the information is accessible without registration in the eTendering website. However, registered users will be able to use the following functionalities: •    Submission of questions related to the tender; •    Notifications related to changes to the tender procedure. ESMA strongly advises registering and subscribing to ensure that no information related to the tender procedure is missed.   Link to eTendering: https://etendering.ted.europa.eu/cft/cft-display.html?cftId=1071
22/12/2015 2015/1905 MAD Supervisory Practices peer review follow-up , Final Report PDF
239.64 KB
05/01/2016 2015/1791 Peer Review Report Compliance with SSR as regards Market Making activities Report PDF
615.09 KB
11/02/2016 2016/203 2016 Supervisory Convergence Work Programme , Reference PDF
340.61 KB

The European Securities and Markets Authority’s (ESMA) Supervisory Convergence Work Programme for 2016 (2016 SCWP) supplements ESMA’s Annual Work Programme for 2016 (ESMA/2015/1475) by further elaborating the nature and focus of the work ESMA will carry out in order to promote supervisory convergence and how that will contribute to implementing ESMA’s Strategic Orientation for 2016-2020 (ESMA/2015/935).

The 2016 SCWP provides an overview and explanation of the steps ESMA will take in 2016 to promote sound, efficient and consistent supervision in the EU.  It sets out priority areas and how they have been identified and sets them in the context of the wider work programme and environment.

Implementation of the 2016 SCWP will be monitored in the course of 2016 and depending on developments during the year, priorities might be re-adjusted. It will also be used to inform ESMA’s Annual Report and its supervisory convergence work programme for future years which will be risk-based.

11/02/2016 2016/284 ESMA publishes first supervisory convergence work programme , , Press Release PDF
107.18 KB

The European Securities and Markets Authority (ESMA) has published its first Supervisory Convergence Work Programme 2016 (SCWP), which details the activities and tasks it will carry out to promote sound, efficient and consistent supervision across the European Union.

The publication of the SCWP expands on the high-level objective outlined in the Annual Work Programme 2016 and fulfils a key commitment in ESMA’s Strategic Orientation 2016-2020 to outline how it would refocus its resources from single rulebook to supervisory convergence work.

16/02/2016 2016/297 Follow-up MMF , Report PDF
882.13 KB
11/03/2016 PROC/2016/02 Low value negotiated tender for Cost Benefit Analysis for Technical Standards under the Benchmarks Regulation CLOSED Procedure PDF
121.68 KB
15/03/2016 PROC/2016/09 Low value negotiated tender for SFT Regulation Technical Standards – Cost Benefit Analysis CLOSED Procedure PDF
142.88 KB
29/03/2016 2016/410 ESMA Report on Enforcement and Regulatory Activities of Accounting Enforcers in 2015 , , Report PDF
692.52 KB

Executive Summary

This report provides an overview of the activities of the European Securities and Markets Authority (ESMA) and the accounting enforcers in the European Economic Area (EEA), thereafter, ‘European enforcers’, when examining compliance of financial information provided by issuers listed on regulated markets with the applicable financial reporting framework in 2015. It also provides an overview of the main activities performed at European level, quantitative information on enforcement activities in Europe as well as ESMA’s contribution to the development of the single rule book in the area of financial reporting. In addition, it also outlines ESMA’s activities for 2016 in the area of corporate reporting following its Supervisory Convergence Work Programme.

Supervisory Convergence

Following the implementation of the ESMA Guidelines on enforcement of financial information (hereafter the Guidelines on enforcement), ESMA and European enforcers have further strengthened supervisory convergence in the area of enforcement of financial information. The Guidelines on enforcement significantly contributed to the alignment of supervisory approaches/procedures through the use of harmonised key concepts for examinations, of a common set of enforcement priorities, of common rules for enforcement actions and of a single set of criteria for identifying accounting matters for which coordination at European level within ESMA is needed. In the last area, the number of accounting issues discussed by the enforcers before taking enforcement decisions increased significantly (65 emerging issues in 2015 vs 47 in 2014) and contributed to enhancing supervisory convergence as enforcers should take into account the outcome of these discussions when taking decisions .

In 2015 ESMA and European enforcers evaluated the level of compliance with IFRS in the areas identified as common enforcement priorities for the 2014 annual financial statements on a sample of 189 issuers. This assessment resulted in 40 enforcement actions being taken on shortcomings in the disclosures of assumptions and judgements supporting the recognition of deferred tax assets arising from tax losses, when assessing control or classifying joint arrangements.

As in previous years, ESMA together with European enforcers identified and included in their supervisory practices a set of common enforcement priorities significant for European issuers when preparing their 2015 IFRS financial statements. These priorities include the impact of the financial markets’ conditions in IFRS financial statements, presentation of the statement of cash flows and related disclosures as well as the fair value measurement of non-financial assets and related disclosures. Specific references to some of the 2014 common priorities and to the new IFRS requirements, notably on IFRS 9 Financial Instruments and IFRS 15 Revenue from Contracts with Customers are also part of these priorities.

As a response to increased concerns in the markets, ESMA issued Guidelines on Alternative Performance Measures (hereafter the Guidelines on APMs) which are aimed at contributing to the publication of transparent, unbiased and comparable information by European issuers on their financial performance. The Guidelines on APMs will apply to APMs disclosed by issuers when publishing regulated information or persons responsible for the prospectus. European enforcers had to adapt their supervisory procedures and declare their compliance to these guidelines.

Also as part of the supervisory convergence activities, ESMA issued an Opinion on the application of the IFRS requirements on the cash contributions to Deposit Guarantee Schemes (DGS) in order to address the divergence in the application and enforcement in the accounting treatment applicable to these contributions and to prevent it from becoming widespread.

ESMA published a Statement referring to principles relevant for improving the quality of disclosures as a response to concerns expressed by users on the overload, lack of completeness or relevance of the information provided in the financial statements.

Finally, European enforcers examined the interim or annual financial statements of approximately 1,200 issuers representing an average examination rate of 20% of all IFRS issuers with securities listed on regulated markets, out of which 14% related to unlimited scope examinations and 6% to focused examinations. As a result of these activities, European enforcers took actions addressing material departures against 273 issuers, representing around 25% of the selected sample. The main deficiencies were identified in the areas of financial statements presentation, impairment of non-financial assets and accounting for financial instruments.

Single Rule Book

ESMA actively participated to the accounting standard setting process by providing European enforcers’ positions on all major new standards issued by the International Accounting Standards Board (IASB) and by contributing to the discussions in the EFRAG Board and the Technical Expert Group (EFRAG TEG) meetings. Notably, ESMA provided specific input to the due process and endorsement advices on IFRS 9, in aspects related to investor protection and financial stability as well as on its interaction with IFRS 4 Insurance Contracts. In addition, ESMA also contributed to the consistent application of IFRS by engaging with the IASB and the IFRS Interpretations Committee (IFRS IC) when relevant issues were identified by enforcers and where a lack of clarity in IFRS could contribute to their divergent application.

In accordance with its mandate under the Transparency Directive, ESMA has submitted to the European Commission for endorsement the draft Regulatory Technical Standards (RTS) on the European Electronic Access Point (EEAP) and published the consultation paper on the draft RTS on European Single Electronic Format (ESEF).

Next Steps

ESMA published its Supervisory Convergence Work Programme which covers, among other topics, the activities of accounting enforcers. In addition to the regular activities, ESMA envisages to start carrying out peer reviews on some of the ESMA Guidelines on enforcement, to publish statements on the implementation of new major IFRS and to develop supervisory briefings to align procedures of European enforcers when monitoring and enforcing the Guidelines on APMs and disclosures in the financial statements.