1. Single Rulebook
The so-called Single Rulebook (technical standards, technical advice, guidelines and recommendations) will contribute to establishing a European single rulebook applicable to all market participants and building a level playing field across the EU. ESMA needs to elaborate around 40 technical standards in 2012; the key ones are in the areas of Over The Counter (OTC) derivatives, post-trading issues, short selling and alternative investment funds. In many of these areas, ESMA will be asked to provide advice to the Commission for delegated acts.
It is expected that ESMA, related to EMIR, determines the detailed technical standards for the requirements of Central Counterparties (CCPs), Trade Repositories (TRs) and the set up for the determination of the derivatives subject to the clearing obligations and, also, that puts out guidelines on interoperability between CCPs. The two other key areas for ESMA will be the development of technical standards on rules for alternative fund managers (AIFMD) and issuers (Prospectus Directive).
ESMA will provide technical advice to the EC in MiFID, MAD, UCITS V (Venture Capital and Social Investment Funds), and Packaged Retail Investment Funds (PRIPs). The guidelines and recommendations will develop remuneration and supervisory cooperation arrangements (under the AIFMD), on ETFs and structured UCITs and liquidity management. Concerning the MiFID, ESMA will publish recommendation with respect to pre-trade transparency waivers and market micro-structural issues as well as conduct of Business rules and other issues related to investment firms.
Regarding the commodities markets, ESMA will study the inter-relation of commodity markets with financial markets and the regulatory initiatives outsider the UE and the proposals under the review of MiFID and MAD.
2. Contribution to financial stability
ESMA will issue two annual reports and several briefings on the trends, potential risks and vulnerabilities in securities markets per year; in 20102, ESMA will also conduct a stress testing exercise. ESMA will inform on a regular basis the European Institutions, including the Financial Services Committee (FSC), the Economic and Financial Committee (EFC), the Financial Stability Table of the ECF, other European Supervisory Authorities and European Systemic Risk Board (ESRB). ESMA also intends to bring attention and resources to emergency activities such as coordination with the National Competent Authorities and the other European Supervisory Authorities in response to any crisis situation on the European financial markets, as ESMA has been doing in 2011.
3. Financial consumer protection
ESMA will adopt guidelines and recommendations with a view to promote safe and sound securities markets and convergence of supervisory practices; ESMA, if it identifies products which inherently present serious threats, will issue a warning o advice on temporarily banning. ESMA, through its investor protection Committees (including the recently created Financial Innovation Product), will issue advice the European Institutions and will develop common methodologies for assessing the effect of product characteristics and distribution channels. More specifically, ESMA will provide advice on the PRIPs Regulation and MiFID and Transparency Directive review, touching issues such as reporting or financial information. ESMA will continue to monitor IFRS developments and its contribution to the important standard setting bodies in terms of accounting.
4. Supervision
ESMA will perform its direct supervisory Powers on the Credit Rating Agencies (CRAs) carrying out verifications/investigations (desk and on-site) on registered CRAs and conducting an ongoing supervision through rating data surveillance, request for information and monthly/quarterly reports. ESMA will maintain a certain repository with information on the past performance of CRAs and on the credit rating issued, will continue working on the endorsement of the supervisory regimes of third countries and will put in place cooperation arrangements with third countries regulators by establishing memoranda of understanding. Besides, in 2012, ESMA will set up the supervisory structure for the direct supervision of trade repositories, for the participation in the supervisory colleges of CCPs, and work on third country CPPs’ and TRs’ recognition.
5. Convergence
ESMA will conduct, to promote supervisory convergence, peer reviews and will issue reports about MAD use of sanctions, Prospectus Directive good practices, Money Market Fund guidelines, supervisory practices with regard to Market Abuse, supervisory practices as regards Conduct of Business rules. This work will be used to inform its activities in other areas of the programme, including enhancing the single rulebook through issuing guidelines, recommendations and opinions in areas where difference of application exist and where revised legislation might be necessary to align practices. ESMA could also use very practical tools such as the Frequently Asked Questions (FAQs).
6. Operational set-up
ESMA seeks, in 2012, to enhance its internal control capacity specially in the following areas: audit, accounting, security, data protection and ethics. ESMA will conduct a self-assessment of the implementation of the EU Internal Control Standards (ICSs). Also, ESMA will keep improving the IT projects linking more than 100 stakeholders (all EU regulators, CRAs etc), and will strengthen the relationships with EU institutions and with third countries financial markets regulators.
If you want to read the whole document, please, do click on: http://www.esma.europa.eu/system/files/esm-2011-330.pdf