ESMA Newsletter – Nº2

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28  February

ESMA TRV: POLITICAL UNCERTAINTY AMID GROWTH SLOWDOWN WEIGHS ON MARKET SENTIMENT

EU financial markets are increasingly nervous, reflected in rising volatility, the European Securities and Markets Authority (ESMA) said today in its latest Trends, Risks, and Vulnerabilities (TRV) Report (No 1.2019).

26  February

ESMA PUBLISHES RESPONSES TO ITS CONSULTATION ON REPORTING GUIDELINES UNDER THE MMF REGULATION

ESMA has published the responses received to its Consultation on draft guidelines on the reporting to competent authorities under article 37 of the MMF Regulation.

25  February

ESMA PUBLISHES RESPONSES TO ITS CONSULTATIONS ON SUSTAINABLE FINANCE

ESMA has published the responses received to its Consultations on integrating sustainability risks and factors in MiFID II, and in the UCITS Directive/AIFMD.

19  February

ESMA SUPERVISION TO FOCUS ON DATA, BREXIT AND CYBERSECURITY IN 2019

ESMA has published its 2019 Supervision Work Programme, which details the main areas of focus for the upcoming year for ESMA’s supervision of Trade Repositories (TRs), Credit Rating Agencies (CRAs), and the monitoring of third-country market infrastructures such as third-country central clearing counterparties (TC-CCPs) and third-country Central Securities Depositories (TC-CSDs).

18  February

ESMA RENEWS BINARY OPTIONS PROHIBITION FOR A FURTHER THREE MONTHS FROM 2 APRIL 2019

ESMA has agreed to renew the prohibition of the marketing, distribution or sale of binary options to retail clients, in effect since 2 July 2018, for a further three-month period.

18  February

ESMA TO RECOGNISE THREE UK CCPS IN THE EVENT OF A NO-DEAL BREXIT

ESMA has announced that in the event of a no-deal Brexit, three central counterparties (CCPs) established in the United Kingdom (UK) – LCH Limited, ICE Clear Europe Limited and LME Clear Limited – will be recognised to provide their services in the European Union (EU). ESMA has adoped these recognition decisions in order to limit the risk of disruption in central clearing and to avoid any negative impact on the financial stability of the EU.

18  February

ESMA ISSUES POSITIVE OPINION ON SHORT SELLING BAN BY BAFIN

ESMA has issued an official opinion agreeing to an emergency net short position ban, for a period of two months, by the Bundesanstalt für Finanzdienstleistungsaufsicht (BaFin) on net short positions in Wirecard AG (Wirecard) shares under the Short Selling Regulation.

15  February

ESMA ISSUES LATEST DOUBLE VOLUME CAP DATA

ESMA has updated its public register with the latest set of double volume cap (DVC) data under the Markets in Financial Instruments Directive (MiFID II).

15  February

ESMA CALLS FOR FUND EXPERTS TO JOIN INDUSTRY PANEL

ESMA has issued a call for candidates in order to renew the composition of its Consultative Working Group (CWG) which advises ESMA’s Investment Management Standing Committee (IMSC).

15  February

EU AND GLOBAL SECURITIES REGULATORS WELCOME AGREEMENT ON DATA TRANSFER

The International Organization of Securities Commissions (IOSCO) and the European Securities and Markets Authority (ESMA) welcome the Opinion of the European Data Protection Board (EDPB) on their administrative arrangement for the transfer of personal data between European Economic Area (EEA) Financial Supervisory Authorities and non-EEA Financial Supervisory Authorities.

13 February

STEVEN MAIJOOR ON “BREXIT – THE REGULATORY CHALLENGES” AT THE EUROPEAN FINANCIAL FORUM, DUBLIN

Steven Maijoor, the Chair of the European Securities and Markets Authority (ESMA), delivered a speech on ​Brexit – the regulatory challenges at the European Financial Forum 2019 in Dublin. 

8 February

ESAS PUBLISH RECOMMENDATIONS ON CHANGES TO THE PRIIPS KEY INFORMATION DOCUMENT

The European Supervisory Authorities (ESAs) published their final recommendations following a consultation on targeted amendments to the Delegated Regulation covering the rules for the Key Information Document (KID) for Packaged Retail and Insurance-based Investment Products (PRIIPs).

8 February

ESMA PUBLISHES LIST OF THRESHOLDS BELOW WHICH AN EU PROSPECTUS IS NOT REQUIRED

ESMA has published a document listing the thresholds below which an offer of securities to the public does not need a prospectus in the various Member States of the European Union (EU). 

7 February

ESMA PUBLISHES ITS 2019 RISK ASSESSMENT WORK PROGRAMME

ESMA published its Risk Assessment Work Programme, providing an overview of the analytical, research, data and statistical activities that ESMA will carry out in 2019.

6 February

ESMA PUBLISHES SUPERVISORY BRIEFING ON THE SUPERVISION OF NON-EU BRANCHES OF EU FIRMS

ESMA has published a MiFID II supervisory briefing on the supervision of non-European Union (EU) branches of EU firms providing investment services and activities. The supervisory briefing has been designed to assist national competent authorities (NCAs) in their supervision of the establishment by EU firms of branches in non-EU countries. 

6 February

ESMA SETS OUT 2019 PRIORITIES FOR SUPERVISORY CONVERGENCE

ESMA has published its 2019 Supervisory Convergence Work Programme (SCWP), which sets out ESMA’s work streams to promote sound, efficient and consistent supervision across the European Union. 

5 February

ESMA SETS OUT USE OF UK DATA IN ESMA DATABASES UNDER A NO-DEAL BREXIT

ESMA has published a statement on the use of UK data in ESMA databases and the performance of MiFID II calculations under a no-deal Brexit.

5 February

ESMA CONSULTS ON LIQUIDITY STRESS TEST GUIDANCE FOR INVESTMENT FUNDS

ESMA has started a public consultation on its draft guidance regarding liquidity stress tests of investment funds – applicable to alternative investment funds (AIFs) and Undertakings for the Collective Investment in Transferable Securities (UCITS). 

5 February

ESMA PUBLISHES GUIDELINES ON SUPERVISORY REPORTING FOR CREDIT RATING AGENCIES

ESMA has today published its revised Guidelines on the information which credit rating agencies (CRAs) need to report to ESMA for supervisory purposes. 

4 February 

ESMA AGREES NO-DEAL BREXIT MOUS WITH THE BANK OF ENGLAND FOR RECOGNITION OF UK CCPS AND THE UK CSD

ESMA has agreed Memoranda of Understanding (MoUs) with the Bank of England (BoE) for the recognition of central counterparties (CCPs) and of  the central securities depository (CSD) established in the United Kingdom (UK), that would take effect should the UK leave the European Union (EU) without a withdrawal agreement, the no-deal Brexit scenario.

4 February

ESMA UPDATES Q&A ON EMIR DATA REPORTING

ESMA has issued today an update of its Q&A on practical questions regarding the European Markets Infrastructure Regulation (EMIR).

4 February 

ESMA UPDATES Q&A ON MIFIR DATA REPORTING

ESMA has issued today an update of its Q&As on data reporting under the Market in Financial Instruments Regulation (MiFIR).

1 February

MIFID II: ESMA PUBLISHES DATA FOR THE SYSTEMATIC INTERNALISER CALCULATIONS FOR EQUITY, EQUITY-LIKE INSTRUMENTS AND BONDS

ESMA has published today data for the systematic internaliser calculations for equity, equity-like instruments and bonds under the Markets in Financial Instruments Directive (MiFID II) and Regulation (MiFIR).

1 February

MIFID II: ESMA MAKES NEW BOND LIQUIDITY DATA AVAILABLE

ESMA has made available new data for bonds subject to the pre- and post-trade requirements of the Markets in Financial Instruments Directive (MiFID II) and Regulation (MiFIR) through its data register.

1 February

ESMA NEWSLETTER – Nº1

In this first edition of ESMA’s new newsletter we catch up on the full list of publications and announcements following ESMA’s Board of Supervisors meetings on 18 December 2018 and 30 January 2019.  

1 February

ESMA AND EU SECURITIES REGULATORS AGREE NO-DEAL BREXIT MOUS WITH FCA

ESMA and European securities regulators have agreed Memoranda of Understanding (MoUs) with the Financial Conduct Authority (FCA) of the United Kingdom. 

1 February

ESMA UPDATES ITS Q&AS ON MIFID II AND MIFIR MARKET STRUCTURE AND TRANSPARENCY TOPICS

ESMA has updated its Questions and Answers regarding market structures and transparency issues under the Market in Financial Instruments Directive (MiFID II) and Regulation (MiFIR).

1 February

ESMA CLARIFIES THE REPORTING AND HANDLING OF DERIVATIVES DATA IN CASE OF NO-DEAL BREXIT

ESMA has issued a public statement on how derivatives data reported under the European Market Infrastructure Regulation (EMIR), should be handled in the event of the United Kingdom (UK) leaving the European Union (EU) without a withdrawal agreement, the no-deal Brexit scenario.