Wir sind nicht sicher, ob die letzte Antwort auf diese Anfrage Informationen enthält – »falls Sie Lucy McNulty sind, bitte melden Sich an und lassen es uns wissen.

Esma crisis toolbox

Lucy McNulty made this Informationsfreiheit request to Europäische Wertpapier- und Marktaufsichtsbehörde

Automatic anti-spam measures are in place for this older request. Please let us know if a further response is expected or if you are having trouble responding.

We're waiting for Lucy McNulty to read a recent response and update the status.

Dear European Securities and Markets Authority,

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

In relation to the 26 May letter from ESMA's interim chair to Commissioner McGuinness, ref: ESMA response to the targeted consultation on the functioning of the European Supervisory Authorities:

On page 7 of that letter, it states: "the creation of a more effective tool that
allows ESMA to react to changing market situations or international developments would
provide a higher degree of legal certainty to the market. Such a tool would also match better
the toolbox of securities regulators in other major jurisdictions that can provide such relief in
specific circumstances, in response to sudden market developments or crisis situations.."

- Please disclose any meeting minutes, phone call transcripts, online or physical communications, in which Esma's senior staff have discussed and detailed the alternative options perceived as more effective tools to allow "ESMA to react to changing market situations or international developments".

- Please provide any and all information with regards to the meeting minutes, phone call transcripts, online or physical communications, in which Esma's senior staff have detailed what tools the regulator would like "to match better" with regards to "the toolbox of securities regulators in other major jurisdictions that can provide such relief in specific circumstances, in response to sudden market developments or crisis situations" as referenced on p7 of the aforementioned letter.

Yours faithfully,
Lucy McNulty

Yours faithfully,

Lucy McNulty

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 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

Any email from the European Securities and Markets Authority (ESMA) is
sent in good faith, but shall neither be binding nor construed as
constituting a commitment by ESMA except where provided for in a written
agreement. This email is intended only for the use of the recipient(s)
named above. Any unauthorised disclosure, use or dissemination, either in
whole or in part, is prohibited. If you have received this email in error,
please notify the sender immediately via email and delete this email from
your system.  
This communication and any attachments may contain personal information.
ESMA processes personal data in line with Regulation (EU) 2018/1725 and
Decision ESMA40-133-716. For more information, please see ESMA's  Data
Protection Statement on [1]https://www.esma.europa.eu/data-protection. In
case of queries, please consult ESMA's Data Protection Officer
([2][email address]). You may also contact the European Data Protection
Supervisor ([3][email address]).

References

Visible links
1. https://www.esma.europa.eu/data-protection
2. mailto:[email address]
3. mailto:[email address]

Enrico Gagliardi, Europäische Wertpapier- und Marktaufsichtsbehörde

Dear Lucy McNulty,

We acknowledge receipt of your message and will get back to you in due course.

Kind regards

Enrico Gagliardi

Zitate anzeigen

Chrysi Raftogianni, Europäische Wertpapier- und Marktaufsichtsbehörde

On behalf of the Document Access Coordinator

 

Dear Lucy McNulty,

We are writing with reference to your request for access to documents
submitted on 1 July 2021 pursuant to Regulation (EC) No 1049/2001. Your
request pertains to [1]ESMA’s response to the European Commission’s
targeted consultation on the functioning of the European Supervisory
Authorities (ESAs) and, in particular, the letter of ESMA's interim Chair
to Commissioner McGuinness.

Quoting part of this letter (“the creation of a more effective tool that
allows ESMA to react to changing market situations or international
developments would provide a higher degree of legal certainty to the
market. Such a tool would also match better the toolbox of securities
regulators in other major jurisdictions that can provide such relief in
specific circumstances, in response to sudden market developments or
crisis situations”), you have asked ESMA to provide you with:

-  “any meeting minutes, phone call transcripts, online or physical
communications, in which Esma's senior staff have discussed and detailed
the alternative options perceived as more effective tools to allow ESMA to
react to changing market situations or international developments”; and

- “any and all information with regards to the meeting minutes, phone call
transcripts, online or physical communications, in which Esma's senior
staff have detailed what tools the regulator would like "to match better"
with regards to "the toolbox of securities regulators in other major
jurisdictions that can provide such relief in specific circumstances, in
response to sudden market developments or crisis situations””.

As a preliminary point, we would like to clarify that the statement you
have quoted above, was made in relation to the “no action letter” power
(Article 9a of Regulation EU No 1095/2010) and was meant to highlight that
ESMA would like this power to be refined. Equally, the letter makes the
point that there is lack of clarity as to the conditions and modalities
for triggering the coordination powers provided by Article 18 of the said
Regulation and that, therefore, such tool should also be “assessed
further, with a view to clarifying how it can be effectively employed in
emergency situations and how it interacts with ESMA’s coordination role
under Article 31”. To complement the toolbox, “the legal basis on which
NCAs and ESMA can request and share supervisory and ESMA enforcement
information, including on entities on a named basis (when justified),
should be reinforced in the ESMA Regulation and in sectoral legislation”.

Overall, the letter reflects discussions within, and the views of, the
ESMA Management Board and Board of Supervisors on some existing issues and
limitations that could be addressed in the ESMA Regulation, and other
relevant EU financial services legislation. It also aims to support the
objectives of the Capital Markets Union and further promote and facilitate
supervisory convergence across Member States.

The only documents in ESMA’s possession that fall within the scope of your
request are the following publicly available summaries of conclusions:

o [2]Summary of Conclusions (Management Board meeting, 20 April 2021),
ESMA22-106-3357
o [3]Summary of Conclusions (Board of Supervisors meeting, 7 May 2021),
ESMA22-106-3366
o Summary of Conclusions (Board of Supervisor, 20 May 2021). Kindly note
that this document will shortly become available on ESMA’s [4]website.

 

We trust that this response addresses your request in full.

 

Your sincerely,

Chrysi Raftogianni

 

Any email from the European Securities and Markets Authority (ESMA) is
sent in good faith, but shall neither be binding nor construed as
constituting a commitment by ESMA except where provided for in a written
agreement. This email is intended only for the use of the recipient(s)
named above. Any unauthorised disclosure, use or dissemination, either in
whole or in part, is prohibited. If you have received this email in error,
please notify the sender immediately via email and delete this email from
your system.  
This communication and any attachments may contain personal information.
ESMA processes personal data in line with Regulation (EU) 2018/1725 and
Decision ESMA40-133-716. For more information, please see ESMA's  Data
Protection Statement on [5]https://www.esma.europa.eu/data-protection. In
case of queries, please consult ESMA's Data Protection Officer
([6][email address]). You may also contact the European Data Protection
Supervisor ([7][email address]).

References

Visible links
1. https://www.esma.europa.eu/press-news/es...
2. https://www.esma.europa.eu/sites/default...
3. https://www.esma.europa.eu/sites/default...
4. https://www.esma.europa.eu/document-type...
5. https://www.esma.europa.eu/data-protection
6. mailto:[email address]
7. mailto:[email address]

Wir sind nicht sicher, ob die letzte Antwort auf diese Anfrage Informationen enthält – »falls Sie Lucy McNulty sind, bitte melden Sich an und lassen es uns wissen.