ESMA Publishes Latest Edition Of Its Newsletter

The European Securities and Markets Authority (ESMA), the EU’s financial markets regulator and supervisor, has today published its latest edition of the Spotlight on Markets Newsletter.

Your one-stop-shop in the world of EU financial markets focused in July on the launch of the first consultation package under the Markets in Crypto-Assets Regulation. ESMA is seeking input – by 20 September 2023 – on proposed rules for crypto-asset service providers (CASPs), related to their authorisation, identification and management of conflicts of interests and also how CASPs should address complaints. See also our dedicated page, including the timeline.

In addition, ESMA published an analysis of the cross-border investment activity of firms. The data allows ESMA and national competent authorities to shed light on various aspects of the market for retail investors that receive investment services by credit institutions and investment firms established in other Member States. See key findings and graphics here.

ESMA also issued a Public Statement on the sustainability disclosure expected to be included in prospectuses. This sets out our expectations on how the specific disclosure requirements of the Prospectus Regulation in relation to sustainability-related matters in equity and non-equity prospectuses should be satisfied considering the Environmental, Social and Governance transition.

Together with the European Banking Authority, we published a report assessing the implementation of the Shareholder Rights Directive 2.

Last, ESMA went out with a Final Report on revised technical standards for passporting and updated its guidance on the definition of advice in a supervisory briefing.

Others:

• Withdrawal of the recognition decisions of three CCPs;
• Follow-up report to the peer review on certain aspects of the compliance function;
• Statement on ESMA 2022 Common Supervisory Action and on the mystery shopping exercise;
• Final Report on the feedback received to the 2022 Call for Evidence on pre-hedging;
• 2022 UCITS and AIFMD sanction reports;
• Report on Suspicious Transactions and Order Reports; and
• New Q&As

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