The European Securities and Markets Authority (ESMA) is made aware of the pressure on the financial industry to comply with the new regulatory obligations under Regulation (EU) 2015/2365 [Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse and amending Regulation (EU) No 648/2012 (OJ L 337, 23.12.2015, p. 1)] (SFTR) in a situation where it is already facing significant challenges due to the COVID-19 virus and the related actions taken by the different Member States to prevent its contagion.

This includes legislative measures and constraints imposed by EU and third-country authorities. Moreover, individual firms take actions to respond to the pandemic to protect their business and employees’ health and they need to ensure core business continuity in extremely stressed market conditions. The impact on the personnel, exacerbated by the pressures on firms caused by increases in market volatility and volumes, has thus seriously compromised the SFTR implementation programmes.

In this respect, and in accordance with Article 31(2)(e) of Regulation (EU) No 1095/2010 [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 (OJ L 331 15.12.2010, p. 84)], ESMA is issuing this Public Statement to ensure coordinated supervisory actions needed in response to the effect of the aforementioned adverse events on the application of SFTR, and in particular on the requirements regarding the reporting start date.