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Version from: 12/08/2022

Level 2 legal acts in relation to ESMA Regulation

There are currently no Level 2 legal acts based on or specifying the ESMA Regulation.

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Procedure 2009/0144/COD

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ESMAR Tool European Securities and Markets Authority Regulation (ESMAR)

European Securities and Markets Authority Regulation (ESMAR)

Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC

CHAPTER I - ESTABLISHMENT AND LEGAL STATUS (Article 1-7)Article 1 - Establishment and scope of action Article 2 - European System of Financial Supervision Article 3 - Accountability of the Authorities Article 4 - Definitions Article 5 - Legal status Article 6 - Composition Article 7 - Seat

CHAPTER II - TASKS AND POWERS OF THE AUTHORITY (Article 8-39)Article 8 - Tasks and powers of the Authority Article 9 - Tasks related to consumer protection and financial activities Article 9a - No action letters Article 10 - Regulatory technical standards Article 11 - Exercise of the delegation Article 12 - Revocation of the delegation Article 13 - Objections to regulatory technical standards Article 14 - Non-endorsement or amendment of draft regulatory technical standards Article 15 - Implementing technical standards Article 16 - Guidelines and recommendations Article 16a - Opinions Article 16b - Questions and answers Article 17 - Breach of Union law Article 17a - Protection of reporting persons Article 18 - Action in emergency situations Article 19 - Settlement of disagreements between competent authorities in cross-border situations Article 20 - Settlement of disagreements between competent authorities across sectors Article 21 - Colleges of supervisors Article 22 - General provisions on systemic risk Article 23 - Identification and measurement of systemic risk Article 24 - Permanent capacity to respond to systemic risks Article 25 - Recovery and resolution procedures Article 26 - European system of national Investor Compensation Schemes Article 27 - European system of resolution and funding arrangements Article 28 - Delegation of tasks and responsibilities Article 29 - Common supervisory culture Article 29a - Union strategic supervisory priorities Article 30 - Peer reviews of competent authorities Article 31 - Coordination function Article 31a - Information exchange on fitness and propriety GL Article 31b - Coordination function in relation to orders, transactions and activities with significant cross-border effects Article 32 - Assessment of market developments, including stress tests Article 33 - International relations including equivalence Article 35 - Collection of information Article 36 - Relationship with the ESRB Article 37 - Securities and Markets Stakeholder Group Article 38 - Safeguards Article 39 - Decision-making procedures

CHAPTER III - ORGANISATION (Article 40-53)

SECTION 1 - Board of Supervisors (Article 40-44)Article 40 - Composition Article 41 - Internal committees Article 42 - Independence of the Board of Supervisors Article 43 - Tasks Article 43a - Transparency of decisions adopted by the Board of Supervisors Article 44 - Decision making

SECTION 2 - Management Board (Article 45-47)Article 45 - Composition Article 45a - Decision-making Article 45b - Coordination Groups Article 46 - Independence of the Management Board Article 47 - Tasks

SECTION 3 - Chairperson (Article 48-49a)Article 48 - Appointment and tasks Article 49 - Independence of the Chairperson Article 49a - Expenses

SECTION 4 - Executive Director (Article 51-53)Article 51 - Appointment Article 52 - Independence Article 53 - Tasks

CHAPTER IV - JOINT BODIES OF THE EUROPEAN SUPERVISORY AUTHORITIES (Article 54-59)

SECTION 1 - Joint Committee of European Supervisory Authorities (Article 54-57)Article 54 - Establishment Article 55 - Composition Article 56 - Joint positions and common acts Article 57 - Sub-Committees

SECTION 2 - Board of Appeal (Article 58-59)Article 58 - Composition and operation GL Article 59 - Independence and impartiality GL

CHAPTER V - REMEDIES (Article 60-61)Article 60 - Appeals GL Article 60a - Exceeding of competence by the Authority Article 61 - Actions before the Court of Justice of the European Union GL

CHAPTER VI - FINANCIAL PROVISIONS (Article 62-66)Article 62 - Budget of the Authority Article 63 - Establishment of the budget Article 64 - Implementation and control of the budget Article 65 - Financial rules Article 66 - Anti-fraud measures

CHAPTER VII - GENERAL PROVISIONS (Article 67-75)Article 67 - Privileges and immunities Article 68 - Staff Article 69 - Liability of the Authority Article 70 - Obligation of professional secrecy Article 71 - Data protection Article 72 - Access to documents Article 73 - Language arrangements Article 74 - Headquarters Agreement Article 75 - Participation of third countries

CHAPTER VIII - TRANSITIONAL AND FINAL PROVISIONS (Article 76-82)Article 76 - Relationship with the Committee of European Securities Regulators Article 77 - Transitional staff provisions Article 78 - National provisions Article 79 - Amendments Article 80 - Repeal Article 81 - Review Article 82 - Entry into force

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