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)

	Recitals
	Chapter I Establishment and legal status (arts. 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 (arts. 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
	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 34 Other tasks
	⚠ Article 35 Collection of information
	⚠ Draft Article 35a Information exchange between authorities and with other entities
	Article 36 Relationship with the ESRB
	Article 37 Securities and Markets Stakeholder Group
	Article 38 Safeguards
	Article 39 Decision-making procedures
	Chapter III Organisation (arts. 40-53)
	Section 1 Board of Supervisors (arts. 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 (arts. 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 (arts. 48-50)
	Article 48 Appointment and tasks
	Article 49 Independence of the Chairperson
	Article 49a Expenses
	Article 50 Report
	Section 4 Executive Director (arts. 51-53)
	Article 51 Appointment
	Article 52 Independence
	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)
	⚠ Article 54 Establishment
	Article 55 Composition
	Article 56 Joint positions and common acts
	Article 57 Sub-Committees
	Section 2 Board of Appeal (arts. 58-59)
	Article 58 Composition and operation
	Article 59 Independence and impartiality
	Chapter V Remedies (arts. 60-61)
	Article 60 Appeals
	Article 60a Exceeding of competence by the Authority
	Article 61 Actions before the Court of Justice of the European Union
	Chapter VI Financial provisions (arts. 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 (arts. 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 8 Transitional and final provisions (arts. 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
	Done at