News & Analysis as of

European Securities and Markets Authority (ESMA) Regulatory Oversight European Union

A&O Shearman

EC consults on draft Delegated Regulation on fees payable to ESMA following BMR review

A&O Shearman on

The European Commission has published a proposed draft Delegated Regulation on supervisory fees under the revised EU Benchmarks Regulation...more

A&O Shearman

Regulatory monitoring: EU version - July 2025

A&O Shearman on

1. Bank regulation - 1.1 PRUDENTIAL REGULATION - a) General - (i) EU - EBA: Report on the exemption of third country undertakings from the requirement to set-up a branch for the provision of banking services to EU...more

A&O Shearman

Regulatory monitoring - July 2025

A&O Shearman on

1. Bank regulation - 1.1 PRUDENTIAL REGULATION - a) General - (i) EU EBA: Report on the exemption of third country undertakings from the requirement to set-up a branch for the provision of banking services to EU...more

Proskauer - Regulatory & Compliance

Sustainability Under the Microscope: ESMA’s Reality Check

On the 30 June 2025, the European Securities and Markets Authority (“ESMA”) published its final report on the 2023–2024 Common Supervisory Action (“CSA”) on the integration of sustainability risks and disclosures. This...more

A&O Shearman

ESMA peer review report issuing CASP oversight recommendations under MiCAR

A&O Shearman on

The European Securities and Markets Authority (ESMA) has published a peer review report assessing the authorisation and supervision of a crypto-asset service providers (CASPs) under the Markets in Crypto-Assets Regulation...more

Walkers

ESMA's findings on sustainability risk integration and disclosures: What you need to know

Walkers on

ESMA has published its final report on the CSA on the integration of sustainability risks and disclosures in the investment fund sector and a thematic note on sustainability-related claims focusing on ESG credentials. ...more

Goodwin

DLT Pilot Regime: ESMA Report Highlights Legal Hurdles and Regulatory Next Steps

Goodwin on

On 25 June 2025, the European Securities and Markets Authority (ESMA) published its first comprehensive review of the Distributed Ledger Technology (DLT) Pilot Regime, a regulatory sandbox designed to test blockchain-based...more

Jones Day

ESMA Report on the Integration of Sustainability Risks and Disclosures Under SFDR

Jones Day on

The funds industry continues to wait for regulators and legislators to review and fix the multiple flaws in the existing SFDR regime. In the meantime, in July 2023, ESMA launched a “common supervisory action” ("CSA”)...more

Walkers

ESMA principles on third-party risk supervision

Walkers on

On 12 June 2025, ESMA published its principles on third-party risk supervision which are designed to assist supervisory authorities to identify, assess and supervise the third-party risks of EU entities operating across the...more

A&O Shearman

EC adopts Delegated Regulation to delay the application of Basel 3 market risk prudential requirements by an additional year

A&O Shearman on

The European Securities and Markets Authority (ESMA) has published a comprehensive set of principles, accompanied by a press release, aimed at strengthening the supervision of third-party risks across the EU financial sector....more

A&O Shearman

Industry associations urge ESMA to issue a no-action letter on EMIR 3 AAR implementation

A&O Shearman on

Four industry associations—EFAMA, EACP, ISDA, and FIA—have published a letter addressed to the European Securities and Markets Authority (ESMA) and the European Commission (EC), raising concerns about the implementation of...more

A&O Shearman

ESMA consultation on transparency and integrity of ESG rating activities

A&O Shearman on

The European Securities and Markets Authority (ESMA) has published a consultation paper on draft regulatory technical standards (RTS) on the transparency and integrity of environmental, social and governance (ESG) rating...more

Goodwin

Crypto-Assets: AMF Aligns with Six Sets of European Supervisory Guidelines under MiCA Regulation

Goodwin on

As part of the implementation of the European Markets in Crypto-Assets Regulation (MiCA), the French Financial Markets Authority (AMF) has announced its compliance with six sets of guidelines adopted by European Supervisory...more

A&O Shearman

ESMA final guidelines on preventing and detecting market abuse under MiCAR

A&O Shearman on

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

Goodwin

Fighting Market Abuse in Crypto-Assets: ESMA Guidelines Under MiCA

Goodwin on

Published on April 29, 2025, the ESMA final report (ESMA75-453128700-1408) outlines the guidelines (Guidelines) for competent national authorities (NCAs) to prevent and detect market abuse in the context of the Markets in...more

A&O Shearman

Regulatory monitoring - April 2025

A&O Shearman on

1. Bank regulation - 1.1 PRUDENTIAL REGULATION - a) General - (i) Germany - Bundesbank: Updated directories of credit institutions and their associations in Germany on banking related information (Aktualisiertes...more

K&L Gates LLP

Brussels Regulatory Brief: March 2025

K&L Gates LLP on

Antitrust and Competition - European Commission Launches Evaluation of the Geo-Blocking Regulation - On 11 February 2025, the European Commission launched a call for evidence to seek stakeholders’ views on the Geo-Blocking...more

A&O Shearman

ESMA 2024 CCP peer review report

A&O Shearman on

The European Securities and Markets Authority (ESMA) has published its 2024 peer review report in respect of central counterparties (CCPs), as required by Regulation (EU) No 648/2012 (EMIR). The focus of the report is...more

A&O Shearman

ESMA peer review on implementation of STS securitisation requirements

A&O Shearman on

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 guidelines on suitability requirements and format of the periodic statement for portfolio management activities under MiCAR

A&O Shearman on

Official translations of the guidelines on certain aspects of the suitability requirements and format of the periodic statement for portfolio management activities under the EU Markets in Crypto Assets Regulation (MiCAR) have...more

A&O Shearman

ESMA guidelines on the conditions and criteria for the qualification of cryptoassets as financial instruments

A&O Shearman on

The European Securities and Markets Authority (ESMA) has published official translations of its guidelines on the conditions and criteria for the qualification of cryptoassets as financial instruments under Article 2(5) of...more

A&O Shearman

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

A&O Shearman on

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 guidelines on reverse solicitation under MiCAR

A&O Shearman on

The European Securities and Markets Authority (ESMA) has published official translations of its guidelines on situations in which a third-country firm is deemed to solicit clients established or situated in the EU and...more

K&L Gates LLP

Europe: ESMA and National Regulators Launch Coordinated Review of Fund Manager Compliance and Internal Audit Functions

K&L Gates LLP on

On 14 February 2025, the EU’s securities and markets regulator, the European Securities and Markets Authority (ESMA), launched a Common Supervisory Action (CSA) with EU Member State National Competent Authorities (NCAs), in...more

A&O Shearman

European Commission writes to EU authorities on the interplay between crypto asset and payment services regulations

A&O Shearman on

The European Banking Authority has published a letter from the European Commission (dated December 6, 2024) to the EBA and the European Securities and Markets Authority regarding the interplay between Markets in Crypto Assets...more

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