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13/02/2014 2014/175 ESMA Guidelines on Alternative Performance Measures , Consultation Paper PDF
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Reasons for publication In October 2005, the Committee of European Securities Regulators (CESR), ESMA’s predecessor body, published a Recommendation on Alternative Performance Measures (“CESR Recommendation” CESR/05-178b). The CESR Recommendation was issued mainly in order to reinforce the objectives of Regulation (EC) No 1606/2002 of the European Parliament and of the Council of 19 July 2002 on the application of international accounting standards. Given the CESR Recommendation has now been in force for more than 8 years, ESMA has decided to review it with the objective of strengthening the principles contained in it. ESMA now plans to re-issue the principles as ESMA [draft] guidelines thus ensuring that issuers and NCAs will make every effort to com-ply with them. Contents ESMA is issuing this Consultation Paper (CP) to inform market participants about the background to its decision to revise the CESR Recommendation and seek their views on such revision. Section II “Introduction” indicates the reasons for which ESMA believes that these [draft] guidelines on APMs should be issued. Section III “Scope and purpose of the [draft] guidelines” indicates when the [draft] guidelines apply and how these [draft] guidelines interact with financial statements. Section IV “Compliance and reporting obligations” describes how issuers and NCAs should comply with the [draft] guidelines. Section V “[Draft] Guidelines on APMs (Background)” describes the rationale followed in preparing the [draft] guidelines and explanations on the principles provided, which are included in full in Annex III. ESMA would appreciate any comments and answers from stakeholders on the questions contained in the consultation paper. For your convenience, the questions are summarised in annex II. Next steps ESMA will consider the feedback it receives to this consultation in 2014 and expects to publish final guide-lines in the fourth quarter of 2014.

25/02/2014 2014/224 Liquidity and new financial market regulation, European Market Liquidity Conference (AFME), London- Verena Ross, Executive Director Speech PDF
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20/03/2014 2014/299 Draft Technical Standards for the Regulation on improving securities settlement in the European Union and on central securities depositories (CSD) Consultation Paper PDF
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ESMA is calling for public feedback on possible content to draft technical standards on matters such as settlement discipline, CSD registration and requirements, including confirmation rules (acceptance or rejection of terms in good time before the intended settlement date) for trading venues and investment firms, as well as access to CSDs by other CSDs, participants and other market infrastructures. ESMA has a mandate to draft technical standards on more than 30 aspects under CSDR. ESMA will consider all comments received by 22 May 2014. A public hearing will take place on April 14th at ESMA in Paris, from 13h30 to 17h. As provided for by the ESMA Regulation, a full public consultation will be conducted on the draft technical standards before they are submitted to the European Commission (EC). Therefore, following this DP and on the basis of the relevant input received, ESMA will finalise its proposed draft technical standards, that will be included in a consultation paper. The date of publication of such a consultation paper and the commenting period will depend on the date of publication of the CSDR in the Official Journal and the final deadline for ESMA to deliver the draft RTS and ITS to the EC. Responding to this paper ESMA invites comments on all matters in this paper and in particular on the specific questions summarised in Annex IV. Comments are most helpful if they: indicate the specific question to which the comment relates; respond to the question stated; contain a clear rationale; and describe any alternatives ESMA should consider. ESMA will consider all comments received by 22 May 2014. All contributions should be submitted via ESMA’s website. Publication of responses All contributions received will be published following the close of the consultation period, unless you request otherwise. 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. 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 under the heading ‘Disclaimer’. Who should read this paper All interested stakeholders are invited to respond to this discussion paper. In particular, responses are sought from CSDs, CSD users or linked entities, market infrastructures and investors.

28/03/2014 2014/337 Keynote speech at EuroFinUse Conference on the Better Finance Manifesto, Steven Maijoor ESMA Chair Speech PDF
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How to restore European household’s confidence in long term savings and investments Steven Maijoor, Chair of ESMA EuroFinUse Conference on The Better Finance Manifesto, Brussels Excerpt “Allow me to begin my thoughts by summarising the current situation of the European financial sector: The effects of the financial crisis and the subsequent EU sovereign debt problems still linger on. There are: expectations for further bank deleveraging, a reluctance in the private sector towards raising capital on equity and debt markets, and only slowly receding doubts among investors about the stability of financial markets. But the situation is improving: The progress on implementing the post-crisis regulatory reform agenda as well as addressing the sovereign-bank nexus are vital building blocks for fostering confidence in the markets. In addition, the recent economic stabilization – reflected by an expected growth rate of 1.5% for 2014 in the EU – is already starting to lift the spirits of entrepreneurs and their appetite to engage in additional investment. This newly revived appetite requires new funding, either intermediated by banks or from securities markets. As our banking systems are going through an important phase of transformation, markets and policy makers increasingly look to securities markets for fresh impulses. And I very much concur that we need to explore what funding opportunities we can develop through capital market financing.”
07/05/2014 2014/478 Keynote Speech at AFME Post Trade Conference- The reform of financial markets: halfway there- Steven Maijoor, ESMA Chair Speech PDF
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Keynote Speech - The reform of financial markets: halfway there Steven Maijoor, ESMA Chair AFME Post Trade Conference, London Excerpt "Three challenges Ladies and gentlemen, so far so good about the completion of the legislation to meet our G20 commitments and developing a single rulebook for financial services. Let me now turn to the three main challenges I see in the current phase of regulatory reform. My main message is that while the legislative phase nears completion, it does not imply the completion of the regulatory reform programme. Let me explain that further by identifying three commitments for the next phase of regulatory reform. Firstly, commitment to the financial reform, its implementation and to adequate supervision. Legislation needs to be accompanied by good implementing measures, to ensure the legislation works in practice, and credible supervision. Secondly, a commitment to supervisory convergence in order to establish a truly internal market and to prevent regulatory arbitrage within the EU. Agreeing at EU level on a single rule book for all 28 Member States is a big step. However, ensuring that this single rule book is supervised consistently across the 28 Member States is an even bigger step. Thirdly, in order to prevent crises we need commitment to the lessons learned from the crisis regarding risk analysis and the availability of high quality data on financial markets. We need more information on securities markets. Since the beginning of the financial crisis securities regulators have learned a lot about how to deal with financial stability – an area that was beforehand mainly reserved for central bankers and banking regulators. Information on financial markets is key to achieve the financial stability objective. It is therefore no surprise that many pieces of recently introduced legislation already include data requirements. Securities regulators however also need to step up their role on this and need more resources to collect and analyse data. It goes without saying that more data and analysis will also support our other important objective of investor protection."

05/06/2014 2014/607 Keynote Speech- Steven Maijoor, ESMA Chair at ICMA Annual Conference, Berlin Speech PDF
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Steven Maijoor, ESMA Chair, today delivered the keynote address at the International Capital Markets Association Annual General Meeting and Conference in Berlin. In the course of his speech he outlined the key elements needed to ensure the success of the EU's regulatory reform agenda: (excerpt) "1.    The EU single rule book for financial markets needs to be implemented and supervised. Implementing measures like technical standards are needed to ensure that the legislation works in practice and the rules need to be subject to credible supervision; and 2.    Supervisory convergence between the 28 EU member states is needed to ensure that the single rule book also results in a truly single EU financial market. Differences in supervision, and regulatory competition, will undermine the achievement of the objectives of stability and investor protection." While he specifically focused on the issues of financial inducements under MiFID II and collateral liquidity.
10/06/2014 2014/619 Keynote Speech- Steven Maijoor, ESMA Chair, at IBA Conference on the Globalisation of Investment Funds, Paris Speech PDF
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Steven Maijoor, ESMA Chair, delivered a keynote address to the International Bar Association's 25th Annual Conference on the Globalisation ofInvestment Funds in Paris. His speech focused on concentrated on potential financial stability risks linked to the phenomenon of "too big to fail" and the fund management industry and also on policy developments affecting the fund management industry. Excerpt "Addressing potential systemic risks in asset management will be an important part of our work going forward. As we develop our insights into the risks in the industry, it is clear that asset management has a specific profile that sets it apart from banking and other financial activities. This implies that the lens through which we see stability risks in banking and insurance, might not be the right one for asset management. Our proposal in this debate, therefore, is that in addition to looking at individual institutions, we must include in our analysis the very different types of activities of the asset management sector and their interdependence with systemic risks in the wider financial market."
11/07/2014 2014/799 Consultation paper Clearing Obligation no1 IRS Consultation Paper PDF
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With the overarching objective of reducing systemic risk, EMIR introduces the obligation to clear certain classes of OTC derivatives in central clearing houses (CCPs) that have been authorised (European CCPs) or recognised (third-country CCPs) under its framework.ESMA defined the IRS classes to be subject to central clearing following an analysis of all IRS classes which are currently offered for clearing by European CCPs. ESMA’s draft RTS propose to subject the following four classes: Basis swaps, fixed-to-float interest rate swaps, forward rate agreements and overnight index swaps on a range of currencies and maturities. The clearing obligation will take effect following a phased implementation depending on the types of counterparties.Responding to this paperThe European Securities and Markets Authority (ESMA) invites responses to the specific questions listed in the consultation paper on the clearing obligation no.1. Please use this “form to reply”Details on EMIR and the clearing obligation can be found at the following link: http://www.esma.europa.eu/page/OTC-derivatives-and-clearing-obligation

11/07/2014 2014/800 Consultation paper Clearing Obligation no2 CDS Consultation Paper PDF
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With the overarching objective of reducing systemic risk, EMIR introduces the obligation to clear certain classes of OTC derivatives in central clearing houses (CCPs) that have been authorised (European CCPs) or recognised (third-country CCPs) under its framework.Following a first consultation paper on the IRS classes to be subject to central clearing, in this second paper ESMA defined the CDS classes to be subject to the clearing obligation based on the analysis of all CDS classes which are currently offered for clearing by European CCPs. ESMA’s draft RTS propose to subject the following class: untranched European index CDS, for two indices. The clearing obligation will take effect following a phased implementation depending on the types of counterparties.Responding to this paperThe European Securities and Markets Authority (ESMA) invites responses to the specific questions listed in the consultation paper on the clearing obligation no.1. Please use this “form to reply”Details on EMIR and the clearing obligation can be found at the following link: http://www.esma.europa.eu/page/OTC-derivatives-and-clearing-obligation

01/10/2014 2014/1185 Consultation Paper on clearing obligation under EMIR- No.3 Consultation Paper PDF
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Who should read this paper All interested stakeholders are invited to respond to this consultation paper. In particular, responses are sought from financial and non-financial counterparties of OTC derivatives transactions which will be subject to the clearing obligation, as well as central counterparties (CCPs). Responding to this paper The European Securities and Markets Authority (ESMA) invites responses to the questions listed in this Consultation Paper on the Clearing Obligation under EMIR (no. 3). All contributions should be submitted online at www.esma.europa.eu under the heading ‘Your input - Consultations’. Please follow the instructions given in the document ‘Reply form for the Consultation Paper on the Clearing Obligation under EMIR (no. 3) also published on the ESMA website . Comments are most helpful if they:•    respond to the question stated;•    indicate the specific question to which the comment relates;•    contain a clear rationale; and•    describe any alternatives ESMA should consider. ESMA will consider all comments received by 6 November 2014. Publication of responses All contributions received will be published following the close of the consultation, unless you request otherwise. Please clearly and prominentlyindicate 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. 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 not to disclose the response 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 under the heading ‘Legal Notice’.

15/10/2014 2014/1265 Keynote Speech- Steven Maijoor, ESMA Chair, at La Nueva Financiera Regulacion, Madrid Speech PDF
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Steven Maijoor, ESMA Chair, delivered a keynote speech at CNMV Conference La Nueva Financiera Regulacion in Madrid. His speech focused on the ESAs role in financial consumer protection:Exerpt "The three European Supervisory Authorities (ESAs) – the European Securities and Markets Authority (ESMA), the European Banking Authority (EBA) and the European Insurance and Occupational Pensions Authority (EIOPA) – work on improving consumer protection by contributing to a higher degree of regulatory and supervisory convergence across EU financial markets and securing cross-border coordination. We do this primarily by enhancing investor protection when creating the single rulebook for EU financial markets, but also by more direct measures such as issuing EU-wide investor warnings.Indeed, ESMA plays a key role in the completion of EU financial markets legislation developed by the European Commission, the European Parliament and the Council of the European Union. Two legislative acts are currently high on our agenda in this respect – and I guess also high on the agenda of many people in the audience here today – that I must speak about them: PRIIPs and the MiFID review."
05/11/2014 2014/1333 Asset management – The regulatory challenges ahead- Steven Maijoor at EFAMA Investment Management Forum Speech PDF
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Steven Maijoor, ESMA Chair, delivered the keynote speech at EFAMA's Investment Management Forum in Brussels. His speech focused on the regulatory challenges ahead for the asset management sector. "It is very good to be back again at this important event. Before coming here today I had the chance to surf the EFAMA website and it struck me that your website is as overrun as ESMA’s website is with the many well-known European acronyms that have become part of our standard vocabulary in financial markets. This observation also made it clear to me that the topics that keep both our organisations busy are very similar. Given the current activities of ESMA, you probably expect me to structure my contribution according to these acronyms and inform you on all of our current regulatory work that is relevant for the asset management sector. However, I would like to start first with an economic perspective on asset management, but let me assure you that later in my contribution I will not disappoint you and will refer to AIFMD, MIFID, UCITS and PRIIPs."
06/11/2014 2014/1339 Capital Markets Union: building competitive, efficient capital markets trusted by investors , Speech PDF
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Steven Maijoor, ESMA Chair, spoke at the joint EU Commission/Italian Presidency Growth for Finance Conference in Brussels - " Excerpts "Following its launch by President Juncker in July 2014, the Capital Markets Union (CMU) is now a concept under construction and I am very happy to have been invited to contribute today to its development. When doing so, we should remember the clear objective from President Juncker who stated that the CMU should maximise the benefits of capital markets and non-bank financial institutions for the real economy. "Despite the many efforts of the past four decades, and the good results achieved, the EU capital market is still fragmented which limits its potential. For example, an institutional investor wanting to invest in a mid-sized company will still have a strong bias towards companies in its own Member-State. There are transactions not happening that otherwise would be beneficial both for the investor and the company because of this home bias. The reason for this stems from a complex set of barriers relating to such issues as transparency of Small and Medium-sized Entities (SMEs), differences in their governance and cross-border differences in the ownership of shares. In sum, we are only halfway there. While the EU capital market has integrated steadily in the past four decades it is not yet comparable with, for example, the US capital market. With a five year time-horizon in mind, what is needed to achieve a strong and integrated capital market to increase capital availability and to support economic growth in all 28 Member States? In my view, there are four main building blocks: (1) greater diversity in funding; (2) increasing the efficiency of capital markets; (3) strengthening and harmonisation of supervision; and (4) increasing the attractiveness of capital markets both for EU investors and for investors from outside the Union. "The CMU should be based on an accelerated integration of the capital markets of the 28 Member States. The end goal should be a CMU that is competitive, efficient and that provides a wide range of funding channels. Above all, it should be trusted by investors."
19/11/2014 2014/1382 Regulatory measures to prevent another crisis- speech by Steven Maijoor , Speech PDF
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Steven Maijoor, Chair of ESMA, gave the keynote speech at the "Regulatory measures to prevent another crisis?" event organised by the CFA Institute in Brussels, Belgium.
27/11/2014 2014/1434 Henri Sijthoff Prijs 2014- keynote speech by Steven Maijoor Speech PDF
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Steven Maijoor delivered the key note speech of the 2014 Henri Sijthoff award in Amsterdam. In his speech Mr Maijoor focuses on how the adoption of International Financial Reporting Standards (IFRS) for the consolidated financial statements of companies listed on EU regulated markets since 2005 has contributed to the quality of financial reporting and to the development of the EU Single Market. Looking ahead, Mr Maijoor focuses on three challenges the need for companies to provide investors with clear and consistent information and to continue the efforts towards global adoption whilst regretting that there is limited prospect for broad adoption by the United States of America (USA) and Japan, two countries playing an important role in regulating international financial markets. Thirdly, Mr Maijoor emphasises that the consistent application of IFRS is essential within a Single Market; this can be achieved through equipping national supervisory authorities with sufficient and similar tools to detect and remedy non-compliance with IFRS principles but also the need for a new instrument that would allow to intervene when a national authority would diverge from the views of its EU peers.  
09/12/2014 2014/1474 Investor Protection and an integrated EU Capital Market- Steven Maijoor address to DSW/Better Finance for All Conference Speech PDF
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Steven Maijoor spoke at the DSW/Better Finance for All International Investors Conference in Wiesbaden on 9 December. His speech focused on two closely interlinked topics, namely the enhancement of the level of protection offered to investors and the accelerated harmonisation and integration of EU capital markets.
12/12/2014 2014/1434 EN Henri Sijthoff Prijs 2014- keynote speech by Steven Maijoor Speech PDF
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Steven Maijoor delivered the key note speech of the 2014 Henri Sijthoff award in Amsterdam. This is the translation of the speech. In his speech Mr Maijoor focuses on how the adoption of International Financial Reporting Standards (IFRS) for the consolidated financial statements of companies listed on EU regulated markets since 2005 has contributed to the quality of financial reporting and to the development of the EU Single Market. Looking ahead, Mr Maijoor focuses on three challenges the need for companies to provide investors with clear and consistent information and to continue the efforts towards global adoption whilst regretting that there is limited prospect for broad adoption by the United States of America (USA) and Japan, two countries playing an important role in regulating international financial markets. Thirdly, Mr Maijoor emphasises that the consistent application of IFRS is essential within a Single Market; this can be achieved through equipping national supervisory authorities with sufficient and similar tools to detect and remedy non-compliance with IFRS principles but also the need for a new instrument that would allow to intervene when a national authority would diverge from the views of its EU peers.
18/12/2014 2014/1565 Consultation paper on Guidelines on Access to a CCP or a Trading Venue by a CSD Consultation Paper PDF
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ESMA invites comments on all matters in this paper and in particular on the specific question included in the paper. Comments are most helpful if they:1.    respond to the question stated;2.    indicate the specific question to which the comment relates;3.    contain a clear rationale; and4.    describe any alternatives ESMA should consider.ESMA will consider all comments received by 19 February 2015. All contributions should be submitted online at www.esma.europa.eu under the heading ‘Your input - Consultations’ using the reply form.

18/12/2014 2014/1564 Consultation paper on Technical Advice under the CSD Regulation Consultation Paper PDF
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ESMA invites comments on all matters in this paper and in particular on the specific question included in the paper. Comments are most helpful if they:1.    respond to the question stated;2.    indicate the specific question to which the comment relates;3.    contain a clear rationale; and4.    describe any alternatives ESMA should consider.ESMA will consider all comments received by 19 February 2015. All contributions should be submitted online at www.esma.europa.eu under the heading ‘Your input - Consultations’ using the reply form.

18/12/2014 2014/1563 Consultation paper on Technical Standards under the CSD Regulation Consultation Paper PDF
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ESMA invites comments on all matters in this paper and in particular on the specific question included in the paper. Comments are most helpful if they:1.    respond to the question stated;2.    indicate the specific question to which the comment relates;3.    contain a clear rationale; and4.    describe any alternatives ESMA should consider.ESMA will consider all comments received by 19 February 2015. All contributions should be submitted online at www.esma.europa.eu under the heading ‘Your input - Consultations’ using the reply form.