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EU Acts and National Competent Authorities

EU Acts and National Competent Authorities

Member States have an obligation to designate competent authorities under most of EU directives and regulations and to notify them to the European Commission and, where these acts fall under ESMA’s remit, also to ESMA.

    EU acts under ESMA’s remit are listed below. For each of them, a link to the designated competent authorities for the purposes of that EU act is also provided.

    The information provided in the lists of competent authorities is based on the data provided by the Member States. In order to keep the lists up to date, Member States are requested to inform ESMA of any changes by sending an e-mail to: designatedNCA@esma.europa.eu

    EU Acts under ESMA's remit - Article 1(2) ESMA Regulation

    EU Acts Description
    MiFID II and MiFIR List of competent authorities
    EMIR List of competent authorities
    Central Securities Depositories Regulation (CSDR) List of competent authorities
    Securitisation Regulation List of competent authorities
    Short selling Regulation (SSR) List of competent authorities
    Benchmarks Regulation List of competent authorities
    CRD List of competent authorities
    UCITS Directive List of competent authorities
    AIFM Directive List of competent authorities
    EuVECA Regulation List of competent authorities
    EuSEF Regulation List of competent authorities
    ELTIF Regulation List of competent authorities
    Money Market Fund Regulation (MMF Regulation) List of competent authorities
    Market Abuse Regulation (MAR) List of competent authorities
    Directive on criminal sanctions for market abuse (CS MAD) List of competent authorities
    CRA Regulation List of competent authorities
    Investor-Compensation Schemes Directive (ICS Directive) List of competent authorities
    Transparency Directive List of competent authorities
    Securities Financing Transactions and of Reuse Regulation (SFTR Regulation) List of competent authorities
    Prospectus Regulation List of competent authorities
    PRIIPs Regulation List of competent authorities
    Settlement Finality Directive List of competent authorities
    Financial Collateral Arrangements Directive List of competent authorities
    FICOD List of competent authorities
    Anti-money laundering Directive (AML/CTF Directive) List of competent authorities
    Distance Marketing of Consumer Financial Services Directive Member States do not have an obligation to designate a competent authority for the purposes of this Directive
    Directive on the admission of Securities to official stock exchange listing and on information to be published on those securities List of competent authorities

     

     

    Other EU Acts - Article 1(3) ESMA Regulation

    EU Acts Description
    Shareholders Directive Member States do not have an obligation to designate a competent authority for the purposes of this Directive
    Audit Directive and Regulation List of competent authorities
    Takeover Bids Directive List of competent authorities
    Accounting Directive List of competent authorities
    IAS Regulation List of competent authorities

     

    Background

    ESMA shall act within the powers conferred by its founding Regulation, namely Regulation (EU) 1095/2010 (thereafter ESMA Regulation) and within the scope of the EU acts referred to in Article 1(2) of this Regulation, including any EU act based on those acts and any further legally binding EU act which confers tasks on ESMA.

    In addition, under Article 1(3) ESMA Regulation, ESMA may also act with regard to areas or activities of market participants which are not directly covered by those EU acts, such as corporate governance, auditing and financial reporting when ESMA’s action is necessary to ensure the effective and consistent application of the EU acts referred to in Article 1(2) ESMA Regulation.

    Finally, under Article 1(3) ESMA Regulation, ESMA is also tasked to take appropriate action in the context of take-over bids, clearing and settlement and derivative issues.

    Member States have an obligation to designate a competent authority for the purposes of most of those acts and to notify their identity to the European Commission and ESMA.