ESMA

See the content published by the European Securities and Markets Authority (ESMA) here: June 24, 2022 11:49 AM

The European Securities and Markets Authority (ESMA), the EU’s securities markets regulator, has published its Annual Report reviewing its achievements in 2021 in fulfilling its mission of enhancing investor protection and promoting stable and orderly financial markets in the European Union (EU), and focusing on its role in the supervision of EU-wide entities and its contribution on sustainable and digital finance. ESMA’s key achievements in 2021 included the recognition and tiering of third-country central counterparties (CCPs), the coordination of supervisory activity across the EU through its Union strategic supervisory priorities, and the preparation for the supervision of data reporting service...

The European Supervisory Authorities (EBA, EIOPA and ESMA - ESAs) today published a final report with draft regulatory technical standards (RTS) proposing to amend the Commission Delegated Regulation on the risk mitigation techniques for over-the-counter (OTC) derivatives not cleared by a Central Clearing Counterparty (CCP) under the European Market Infrastructure Regulation (EMIR). The draft RTS propose extending the current temporary exemptions regime for intragroup contracts by three years. This will accommodate the ongoing assessment of third-country equivalence and allow for a review of the intragroup exemptions framework under the EMIR review. ESMA also published a final report with a new draft RTS proposing to amend...

See the content published by the European Securities and Markets Authority (ESMA) here: June 9, 2022 9:44 AM

See the content published by the European Securities and Markets Authority (ESMA) here: June 7, 2022 6:23 AM

The European Securities and Markets Authority (ESMA), the EU securities markets regulator, today publishes its Final Report on the increase of the commodity derivatives EMIR clearing threshold (CT), and proposes to increase the CT from EUR 3 billion to EUR 4 billion. The Final Report considers: the need for structural changes in the way the CTs should be calculated (i.e., distinguishing between cleared vs. non-cleared transactions rather than between ETD and OTC); the time that it will take for these changes to be effective; and the exceptional circumstances that non-financial counterparties (NFCs) are facing. ESMA published a discussion paper on the...

The European Securities and Markets Authority (ESMA), the EU’s securities markets regulator, today published a Final Report on amending the regulatory technical standards (RTS) on settlement discipline to postpone the application of the CSDR mandatory buy-in regime for three years. The proposed amendment is based on the expected changes to the CSDR buy-in regime presented in the Commission’s legislative proposal for the CSDR Review and on the amendment made to CSDR through the DLT Pilot Regulation published today, which allows ESMA to propose a later start date for the CSDR buy-in regime. The CSDR settlement discipline regime has started applying on 1 February 2022. In December...

See the content published by the European Securities and Markets Authority (ESMA) here: June 2, 2022 9:34 AM

The European Supervisory Authorities (EBA, EIOPA and ESMA – ESAs) published a joint Report, which provides a comprehensive analysis on the completeness, adequacy and uniformity of the applicable laws and practices on the withdrawal of license for serious breaches of the rules on anti-money laundering and countering the financing of terrorism (AML/CFT).   The joint Report advocates for the introduction in all relevant EU sectoral laws of a specific legal ground to revoke licences for serious breaches of AML/CFT rules. The joint Report also calls for the inclusion of assessments by competent authorities of the adequacy of the arrangements and...

See the content published by the European Securities and Markets Authority (ESMA) here: May 31, 2022 8:53 AM

The European Securities and Markets Authority (ESMA), the EU’s securities markets regulator, today publishes a Supervisory Briefing to ensure convergence across the European Union (EU) in the supervision of investment funds with sustainability features, and in combating greenwashing by investment funds. This work will help combat greenwashing by establishing common supervisory criteria for National Competent Authorities (NCAs), to effectively supervise investment funds with sustainability features. This briefing covers the following areas: Guidance for the supervision of fund documentation and marketing material, as well as guiding principles on the use of sustainability-related terms in funds’ names; and Guidance for convergent supervision of the integration...

See the content published by the European Securities and Markets Authority (ESMA) here: May 23, 2022 10:10 AM