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Version status: Applicable | Document consolidation status: Updated to reflect all known changes
Published date: 15 December 2010

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 (ESMA Regulation)

Comparing proposed amendment...
Recitals
Chapter I Establishment and legal status (arts. 1-7)
Amended
Article 1 Establishment and scope of action
Amended
Article 2 European System of Financial Supervision
Amended
Article 3 Accountability of the Authorities
Amended
Article 4 Definitions
Applicable
Article 5 Legal status
Applicable
Article 6 Composition
Amended
Article 7 Seat
Chapter II Tasks and powers of the authority (arts. 8-39)
Amended
Article 8 Tasks and powers of the Authority
Amended
Article 9 Tasks related to consumer protection and financial activities
Inserted
Article 9a No action letters
Amended
Article 10 Regulatory technical standards
Applicable
Article 11 Exercise of the delegation
Applicable
Article 12 Revocation of the delegation
Amended
Article 13 Objections to regulatory technical standards
Applicable
Article 14 Non-endorsement or amendment of draft regulatory technical standards
Amended
Article 15 Implementing technical standards
Amended
Article 16 Guidelines and recommendations
Inserted
Article 16a Opinions
Inserted
Article 16b Questions and answers
Amended
Article 17 Breach of Union law
Inserted
Article 17a Protection of reporting persons
Amended
Article 18 Action in emergency situations
Amended
Article 19 Settlement of disagreements between competent authorities in cross-border situations
Applicable
Article 20 Settlement of disagreements between competent authorities across sectors
Amended
Article 21 Colleges of supervisors
Amended
Article 22 General provisions on systemic risk
Amended
Article 23 Identification and measurement of systemic risk
Applicable
Article 24 Permanent capacity to respond to systemic risks
Applicable
Article 25 Recovery and resolution procedures
Applicable
Article 26 European system of national Investor Compensation Schemes
Amended
Article 27 European system of resolution and funding arrangements
Applicable
Article 28 Delegation of tasks and responsibilities
Amended
Article 29 Common supervisory culture
Inserted
Article 29a Union strategic supervisory priorities
Amended
Article 30 Peer reviews of competent authorities
Amended
Article 31 Coordination function
Inserted
Article 31a Information exchange on fitness and propriety
Inserted
Article 31b Coordination function in relation to orders, transactions and activities with significant cross-border effects
Amended
Article 32 Assessment of market developments, including stress tests
Amended
Article 33 International relations including equivalence
Deleted
Article 34 Other tasks
Applicable
Article 35 Collection of information
Draft
Draft Article 35a Information exchange between authorities and with other entities
Amended
Article 36 Relationship with the ESRB
Amended
Article 37 Securities and Markets Stakeholder Group
Applicable
Article 38 Safeguards
Amended
Article 39 Decision-making procedures
Chapter III Organisation (arts. 40-53)
Section 1 Board of Supervisors (arts. 40-44)
Amended
Article 40 Composition
Amended
Article 41 Internal committees
Amended
Article 42 Independence of the Board of Supervisors
Amended
Article 43 Tasks
Inserted
Article 43a Transparency of decisions adopted by the Board of Supervisors
Amended
Article 44 Decision making
Section 2 Management Board (arts. 45-47)
Amended
Article 45 Composition
Inserted
Article 45a Decision-making
Inserted
Article 45b Coordination Groups
Amended
Article 46 Independence of the Management Board
Amended
Article 47 Tasks
Section 3 Chairperson (arts. 48-50)
Amended
Article 48 Appointment and tasks
Amended
Article 49 Independence of the Chairperson
Inserted
Article 49a Expenses
Deleted
Article 50 Report
Section 4 Executive Director (arts. 51-53)
Applicable
Article 51 Appointment
Applicable
Article 52 Independence
Applicable
Article 53 Tasks
Chapter IV Joint bodies of the European Supervisory Authorities (arts. 54-59)
Section 1 Joint Committee of European Supervisory Authorities (arts. 54-57)
Amended
Article 54 Establishment
Amended
Article 55 Composition
Amended
Article 56 Joint positions and common acts
Amended
Article 57 Sub-Committees
Section 2 Board of Appeal (arts. 58-59)
Amended
Article 58 Composition and operation
Amended
Article 59 Independence and impartiality
Chapter V Remedies (arts. 60-61)
Amended
Article 60 Appeals
Inserted
Article 60a Exceeding of competence by the Authority
Applicable
Article 61 Actions before the Court of Justice of the European Union
Chapter VI Financial provisions (arts. 62-66)
Amended
Article 62 Budget of the Authority
Amended
Article 63 Establishment of the budget
Amended
Article 64 Implementation and control of the budget
Amended
Article 65 Financial rules
Amended
Article 66 Anti-fraud measures
Chapter VII General provisions (arts. 67-75)
Applicable
Article 67 Privileges and immunities
Applicable
Article 68 Staff
Applicable
Article 69 Liability of the Authority
Amended
Article 70 Obligation of professional secrecy
Amended
Article 71 Data protection
Amended
Article 72 Access to documents
Applicable
Article 73 Language arrangements
Amended
Article 74 Headquarters Agreement
Applicable
Article 75 Participation of third countries
Chapter 8 Transitional and final provisions (arts. 76-82)
Amended
Article 76 Relationship with the Committee of European Securities Regulators
Applicable
Article 77 Transitional staff provisions
Applicable
Article 78 National provisions
Repealed
Article 79 Amendments
Applicable
Article 80 Repeal
Amended
Article 81 Review
Applicable
Article 82 Entry into force
Done at