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European
Legislation (EU)
EU Regulations
2010
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Table of Contents
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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
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https://service.betterregulation.com/document/275127
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)
Chapter II Tasks and powers of the authority (arts. 8-39)
Article 34 Other tasks
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| Document consolidation status:
Updated to reflect all known changes
Version date: 1 January 2020 - onwards
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Article 34 Other tasks
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