News & Analysis as of

European Securities and Markets Authority (ESMA) Financial Markets

A&O Shearman

EMIR 3 – the active account requirement

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The latest revisions to the European Market Infrastructure Regulation (known as EMIR 3)1 brought about numerous changes affecting cleared markets, with potential impacts both within and outside the EU. Among these is the...more

A&O Shearman

ESMA announces first CTP for bonds in the EU

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The European Securities and Markets Authority (ESMA) has announced the selection of Ediphy (fairCT), a fintech company, as the first consolidated tape provider for bonds in the EU. The decision marks a significant step...more

Walkers

ESMA advice on the review of the UCITS Eligible Assets Directive

Walkers on

On 26 June 2025, ESMA published its keenly awaited technical advice to the Commission on the review of the UCITS Eligible Assets Directive 2007/16/EC (EAD). The report assesses EAD implementation across member states and...more

Ropes & Gray LLP

New ESMA Guidance on Sustainability Claims and ESG Credentials: A Closer Look

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The European Securities and Markets Authority (ESMA) has taken another step in its ongoing mission to combat greenwashing within the financial services sector. With the release of a new thematic note, ESMA aims to ensure that...more

A&O Shearman

ESMA report proposes amendments to DLT pilot regime for permanent adoption

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The European Securities and Markets Authority (ESMA) has published a report, accompanied by a press release, on the functioning and review of the Distributed Ledger Technology (DLT) pilot regime. The DLT pilot regime allows...more

A&O Shearman

ESMA consults on draft RTS for margin transparency requirements and clearing costs

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The European Securities and Markets Authority (ESMA) has published two consultation papers (CP) proposing draft regulatory technical standards (RTS) mandated under the review of European Market Infrastructure Regulation (EMIR...more

A&O Shearman

ESMA launches first selection procedure for consolidated tapes for shares and ETFs

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The European Securities and Markets Authority (ESMA) has launched the first selection procedure for a consolidated tape provider (CTP) for shares and exchange-traded funds. The selection process will be guided by the...more

A&O Shearman

Final draft RTS on EU active account requirement published

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Following its consultation, the European Securities and Markets Authority (ESMA) has published a final report, including final draft regulatory technical standards (RTS), on the conditions of the Active Account Requirement...more

A&O Shearman

CTPs brought into scope of ESMA rules for DRSP fines and fees

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The European Commission has adopted delegated regulations amending the rules for data reporting service providers (DRSP) fines and fees to include consolidated tape providers (CTPs) in scope. Previously, the relevant...more

A&O Shearman

ESMA final guidelines on preventing and detecting market abuse under MiCAR

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The European Securities and Markets Authority (ESMA) has published its final report on the guidelines on supervisory practices for National Competent Authorities (NCAs) to prevent and detect market abuse under the Market in...more

A&O Shearman

ESMA report on the quality and use of data

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The European Securities and Markets Authority (ESMA) has published its 2024 report, along with a press release, on the quality and use of data, showcasing significant increase in data use by authorities. The report covers...more

A&O Shearman

ESMA final report on systematic internaliser ITS, volume cap and transparency calculations and trading venue RTS

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The European Securities and Markets Authority (ESMA) has published a final report in relation to certain changes being made as a result of the MiFID II/MiFIR review, together with an accompanying press release. The changes...more

A&O Shearman

ESMA calls for clarity on the qualification of fractional shares

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The European Securities and Markets Authority (ESMA) has published a letter to the European Commission on the inconsistent regulation of trading of fractional shares across the EU. There has been an increase in the...more

Hogan Lovells

EU wholesale markets – EU Council adopts proposed EU Benchmarks Regulation amendments

Hogan Lovells on

The EU has adopted a regulation amending the EU Benchmarks Regulation. The amendments relate primarily to: reducing the population of benchmarks within scope of the Benchmarks Regulation; introducing a new spot FX-related...more

A&O Shearman

ESMA MiFIR review consultation package on derivatives transparency, package orders and CTP data

A&O Shearman on

The European Securities and Markets Authority (ESMA) has launched its consultation in relation to derivatives transparency, package orders, and input and output data for consolidated tape providers (CTPs). This is the fourth...more

A&O Shearman

ESMA peer review on implementation of STS securitisation requirements

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The European Securities and Markets Authority (ESMA) has published its peer review report on national competent authorities' (NCAs) supervision of simple, transparent and standardised (STS) securitisations. The report looks...more

A&O Shearman

ESMA statement on treatment of settlement fails following incident affecting T2S and T2 in February 2025

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The European Securities and Markets Authority (ESMA) has published a statement confirming that national competent authorities do not expect central securities depositories (CSDs) to impose cash penalties under the Central...more

A&O Shearman

ESMA publishes overview of planned consultations for 2025

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The European Securities and Markets Authority has published an overview of its planned consultations for 2025. The consultations relate to workstreams under the EU Listing Act,...more

A&O Shearman

ESMA notifies EC of delay of certain deliverables

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The European Securities and Markets Authority (ESMA) has published a letter (dated 3 March) addressed to the European Commission on the prioritisation of ESMA's 2025 deliverables. ESMA's letter sets out specific items which...more

A&O Shearman

ESMA consultation paper on draft guidelines for supplements on new securities to a base prospectus

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The European Securities and Markets Authority (ESMA) has published a consultation paper containing draft guidelines on supplements which introduce new securities to a base prospectus. This is further to the new EU Listing Act...more

A&O Shearman

New Designated Publishing Entities regime operational from 3 February

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The European Securities and Markets Authority has published a press release reminding market participants that from February 3, 2025 the new Designated Publishing Entities regime shall be operational. The DPE regime was...more

A&O Shearman

EU launches selection procedure for Consolidated Tape Provider for bonds

A&O Shearman on

The European Securities and Markets Authority has launched the first selection procedure for the Consolidated Tape Provider for bonds. The CTP aims to enhance market transparency and efficiency by consolidating trade data...more

A&O Shearman

European Securities and Markets Authority consults on the internal control framework for certain market agencies

A&O Shearman on

The European Securities and Markets Authority has published a consultation on draft guidelines on internal controls for benchmark administrators, credit rating agencies, and market transparency infrastructures (which include...more

A&O Shearman

European Securities and Markets Authority consults on EU code of conduct for issuer-sponsored research

A&O Shearman on

The European Securities and Markets Authority has published a consultation on draft regulatory technical standards to establish an EU code of conduct for issuer-sponsored research. When final, the RTS will supplement the...more

Latham & Watkins LLP

ESAs Provide Guidelines to Harmonise the Cryptoasset Classification Under MiCA

Latham & Watkins LLP on

On 10 December 2024, the European Banking Authority (EBA), the European Insurance and Occupational Pensions Authority (EIOPA), and the European Securities and Markets Authority (ESMA) (together, ESAs) have published new joint...more

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