Georgios Vassalos

Dear European Securities and Markets Authority,

Dear Mr Gagliardi,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I would hereby like to ask:

1. All ESMA staff stakeholder contacts on MiFID/MiFIR II from October 2015 to March 2016.

2. Minutes or any meeting records of ESMA staff stakeholder contacts on MiFID/MiFIR II from from October 2015 to December 2017.

3. Agendas and minutes of the meetings of all advisory groups discussing on MiFID/MiFIR II implementation rules (except those that are already publicly disclosed) from October 2015 to December 2017. Only physical persons fall under the scope of privacy protection. I would therefore ask you to disclose the names of the entities represented in these advisory groups both in general and when they act as “rapporteurs” etc.

Appreciating the wide scope of my request, I accept giving you a four-month period to reply (by the end of October 2018). But please let us this time agree a deadline from the beginning, thus avoiding huge delays as in my last request which took you six months to reply.

Yours faithfully,

Georgios Vassalos
University of Strasbourg

Info ESMA, Europäische Wertpapier- und Marktaufsichtsbehörde

Dear sir or Madam,

Thank you for your message.

We value your input and question raised on this issue. As with all
relevant questions that are submitted to us by external sources, we have
taken note of the points raised and are consulting internally as well as
with the relevant ESMA committees to assess whether further public
guidance is needed. Please refer to
[1]https://www.esma.europa.eu/questions-and... for information on
criteria followed by ESMA to accept and prioritise questions.

Please note that ESMA endeavours to reply within two months to factual
questions received and within four to six months to policy questions that
raise new points of interpretation.

Please also note that a question is much more useful when submitted
together with a proposed answer. We would therefore be grateful if you
could suggest possible answers should you need guidance on other issues in
the future.

Finally, please note that this inbox only handles general enquiries. If
you are contacting us to make a complaint, you should first refer to the
complaints section of the ESMA website. There you will find information on
how ESMA can help and who you should contact to make your complaint.

Regards,

ESMA

 

References

Visible links
1. https://www.esma.europa.eu/questions-and...

Georgios Vassalos hat eine Nachricht hinterlassen ()

I copy here an exchange on this request which happened throug email:

Dear Mr Gagliardi,

Thanks a lot for your message.

I will be expecting the same type of documents as I received in my previous request coverning a prior period (https://www.asktheeu.org/en/request/cont...) plus correspondence between ESMA officials and interest representatives.

Yours sincerely,

G. Vassalos

On 7/16/2018 5:27 PM, Enrico Gagliardi wrote:
>
> Dear Mr Vassalos,
>
>
>
> We would like to refer you to the request for Access to Documents you submitted to ESMA on 3 July 2018 pursuant to Regulation (EC) No 1049/2001.
>
>
>
> The content of your email has been discussed internally and we would like to let you know that your request will be processed accordingly. In particular ESMA will start gathering the relevant documents/information (where available). Please also note that the assessment of the content of possible documents collected in this context will be performed against the criteria and the requirements of Regulation (EC) No 1049/2001.
>
>
>
> As regards the deadline to respond to your request, we are fine with your proposal to give ESMA a four-months period to reply (i.e. by the end of October 2018).
>
>
>
> With kind regards
>
>
>
> Enrico Gagliardi

Dear Mr Gagliardi,

Please pass this on to your Executive Director, Mrs Verena Ross.

I am filing the following confirmatory application with regards to my access to documents request 'Contacts on MiFID, 2015-2017'.

ESMA has completely ignored the second point of my request ("2. Minutes or any meeting records of ESMA staff stakeholder contacts on MiFID/MiFIR II from from October 2015 to December 2017.") without providing any explanation.

A full history of my request and all correspondence is available on the Internet at this address: https://www.asktheeu.org/en/request/cont...

With the present confirmatory application I would like to ask you to send me the minutes or meeting notes from the stakeholder meetings listed in your last response.

In case ESMA needs more time for this, please let me know how much time you need.
Yours faithfully,

Georgios Vassalos

On 10/31/2018 7:13 PM, Enrico Gagliardi wrote:
>
> Dear Mr Vassalos,
>
>
>
> We would like to refer you to the request for access to documents you filed pursuant to Regulation (EC) No 1049/2001 on 3 July 2018 (the Request).
>
>
>
> In light of our exchange of correspondence on this topic, please find attached the following set of documents:
>
>
>
> A file containing the list of ESMA staff stakeholder contacts covering the substantial and temporal scope of the first part of your Request. The same file also contains the calendars of the Chair and the Executive Director of ESMA covering the same substantial and temporal scope.
>
>
>
> For completeness purposes, we also attach a more broad and articulated table reporting the meetings held by members of ESMA Staff dealing with matters relating to the content of your Request with the industry between October 2015 and December 2017, also including a brief description of the topics discussed on those occasions.
>
>
>
> Meetings and minutes of the Consultative Working Groups (CWGs) falling within the temporal and substantive scope of your Request.
>
>
>
> Agendas of the SMSG meetings captured by the substantial and temporal scope of your Request. Moreover, we would like to refer you to the link to the ESMA library where you can find the SoC of all the SMSG meetings: https://www.esma.europa.eu/databases-lib...
>
>
>
> Please note that, as agreed, personal data contained in the disclosed documents were redacted for data protection reasons.
>
>
>
> With kind regards
>
>
>
> Enrico Gagliardi

Info ESMA, Europäische Wertpapier- und Marktaufsichtsbehörde

Dear sir or Madam,

Thank you for your message.

We value your input and question raised on this issue. As with all
relevant questions that are submitted to us by external sources, we have
taken note of the points raised and are consulting internally as well as
with the relevant ESMA committees to assess whether further public
guidance is needed. Please refer to
[1]https://www.esma.europa.eu/questions-and... for information on
criteria followed by ESMA to accept and prioritise questions.

Please note that ESMA endeavours to reply within two months to factual
questions received and within four to six months to policy questions that
raise new points of interpretation.

Please also note that a question is much more useful when submitted
together with a proposed answer. We would therefore be grateful if you
could suggest possible answers should you need guidance on other issues in
the future.

Finally, please note that this inbox only handles general enquiries. If
you are contacting us to make a complaint, you should first refer to the
complaints section of the ESMA website. There you will find information on
how ESMA can help and who you should contact to make your complaint.

Regards,

ESMA

 

References

Visible links
1. https://www.esma.europa.eu/questions-and...

Georgios Vassalos hat eine Nachricht hinterlassen ()

-------- Forwarded Message --------
Subject: RE: New 1049 request
Date: Fri, 14 Dec 2018 10:41:44 +0000
From: Verena Ross <Verena.Ross@esma.europa.eu>
To: VASSALOS Georgios (DIREV) <vassalos@unistra.fr>

Dear Mr Vassalos

I would like to refer to the confirmatory application (the Request) you filed on 23 November 2018 pursuant to Article 7(2) of Regulation (EC) No 1049/2001 (Access to Documents Regulation) in which you asked ESMA to get access to “Minutes or any meeting records of ESMA staff stakeholder contacts on MiFID/MiFIR II from from October 2015 to December 2017.”.

With respect to your Request I would like to reiterate that, ESMA does not have in place, nor intend to put in place, a procedure or system for recording meetings of ESMA Staff with external stakeholders, in the form of minutes or otherwise.
The main reasons are that these meetings at staff level aim at discussing the latest market data or at discussing general implementation matters: these are to a large extent already known, but stakeholders are sometimes eager to explain them in person; by nature, this information is also quickly outdated and doesn’t necessarily deserve to be recorded. Other discussions may cover stakeholders’ preparatory steps and this can prove to be sensitive (e.g. commercial business plans in the context of MiFID implementation or contingency plans in the context of Brexit): it is only shared under the clear understanding that these conversations will remain confidential.

Therefore, unfortunately I am not in a position to provide a positive answer to your confirmatory application, but I trust that the explanations provided above will help you understand better how ESMA operates having in mind organisational efficiency, which requires a careful balance between transparency, professional secrecy and making the best use of taxpayers’ money.

Finally, I would like to draw your attention to Article 72(3) of Regulation (EU) No 1095/2010 which states that decisions taken by the Authority pursuant to Article 8 of Regulation (EC) No 1049/2001 may be the subject of a complaint to the Ombudsman or of proceedings before the Court of Justice of the European Union, following an appeal to the Board of Appeal, as appropriate, in accordance with the conditions laid down in Articles 228 and 263 TFEU respectively.

With kind regards

Verena Ross

Executive Director
European Securities and Markets Authority (ESMA)
103, rue de Grenelle, 75007 Paris – France

-------- Forwarded Message --------
Subject: RE: New 1049 request
Date: Fri, 23 Nov 2018 21:22:55 +0100
From: VASSALOS Georgios (DIREV) <vassalos@unistra.fr>
To: Enrico Gagliardi <Enrico.Gagliardi@esma.europa.eu>

Dear Mr Gagliardi,

Please treat my previous request as a confirmatory application.

best regards, G. Vassalos

On Friday, November 23, 2018 20:17 CET, Enrico Gagliardi <Enrico.Gagliardi@esma.europa.eu> wrote:
> Dear Mr Vassalos,
>
> We would like to refer you to the email you sent to ESMA on 31 October 2018 in which you requested to get access to “Minutes or any meeting records of ESMA staff stakeholder contacts on MiFID/MiFIR II from from October 2015 to December 2017.”.
>
> As a preliminary remark we would like to note that ESMA gave you already access to a vast range of documents. In this respect and as agreed with you in previous correspondence, those documents are of the same type of the ones already disclosed to you in very similar requests for access to documents only covering a different time span. Hence, we consider that ESMA addressed your request in full.
>
> Against this background and with respect to your additional query concerning the request described above, we note that ESMA does not have in place a formal system for recording the meetings with the industry. As a consequence, the documents prepared in such situations constitute internal notes of members of staff, only meant to be used for internal purposes and to facilitate internal discussions without the possibility of any further external disclosure. In particular, those documents are drafted in the context of the on-going dialogue that ESMA as regulator has with relevant market participants, concerning information which is not intended to be made public on sensitive topics relating (e.g.) to commercial interests of different undertakings in the context of Brexit.
>
> These documents therefore contain information which is known only to a limited number of parties, the disclosure of which would undermine the interests of those which have provided it and the interest of which is worthy of protection. In light of the elements referred to above we consider that the documents you are referring to cannot be disclosed.
>
> Finally, we would like to refer you to Article 7(2) of Regulation (EC) No 1049/2001 which states that in the event of a total or partial refusal, an applicant may, within 15 working days of receiving this reply, make a confirmatory request asking ESMA to reconsider its position.
> With kind regards
>
> Enrico Gagliardi
>
>
> From: Georgios Vassalos <vassalos@unistra.fr>
> Sent: 31 October 2018 21:39
> To: Enrico Gagliardi <Enrico.Gagliardi@esma.europa.eu>
> Subject: Re: New 1049 request
>
> Dear Mr Gagliardi,
>
> thank you for your response.
>
> Please note the confirmatory application I just filed:
> https://www.asktheeu.org/en/request/cont...
>
> greetings,
>
> G. Vassalos
>
>
> On 10/31/2018 7:13 PM, Enrico Gagliardi wrote:
> Dear Mr Vassalos,
>
> We would like to refer you to the request for access to documents you filed pursuant to Regulation (EC) No 1049/2001 on 3 July 2018 (the Request).
>
> In light of our exchange of correspondence on this topic, please find attached the following set of documents:
>
>
> 1. A file containing the list of ESMA staff stakeholder contacts covering the substantial and temporal scope of the first part of your Request. The same file also contains the calendars of the Chair and the Executive Director of ESMA covering the same substantial and temporal scope.
>
>
> 1. For completeness purposes, we also attach a more broad and articulated table reporting the meetings held by members of ESMA Staff dealing with matters relating to the content of your Request with the industry between October 2015 and December 2017, also including a brief description of the topics discussed on those occasions.
>
>
>
> 1. Meetings and minutes of the Consultative Working Groups (CWGs) falling within the temporal and substantive scope of your Request.
>
>
>
> 1. Agendas of the SMSG meetings captured by the substantial and temporal scope of your Request. Moreover, we would like to refer you to the link to the ESMA library where you can find the SoC of all the SMSG meetings: https://www.esma.europa.eu/databases-lib...
>
>
> Please note that, as agreed, personal data contained in the disclosed documents were redacted for data protection reasons.
>
> With kind regards
>
> Enrico Gagliardi
>
>
> From: Georgios Vassalos <vassalos@unistra.fr><mailto:vassalos@unistra.fr>
> Sent: 03 July 2018 13:54
> To: Enrico Gagliardi <Enrico.Gagliardi@esma.europa.eu><mailto:Enrico.Gagliardi@esma.europa.eu>
> Subject: New 1049 request
>
> Dear Mr Gagliardi,
>
> please note this new request from my part
> https://www.asktheeu.org/en/request/cont...
>
> best regards,
> Georgios Vassalos