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International

European Securities and Markets Authority (ESMA)

23 Jan 2024 Zinkpot 360
  1. The European Securities and Markets Authority (ESMA) is an independent European Union (EU) authority that was established in 2011. Its main purpose is to enhance investor protection and promote stable and orderly financial markets within the EU. 
  2. ESMA works closely with national competent authorities, other EU institutions, and market participants to achieve its objectives.Key functions and responsibilities of ESMA include:
    • Regulatory Oversight: ESMA contributes to the development of a single rulebook for financial markets in the EU by providing technical advice and drafting regulatory and implementing standards.
    • Supervision: While ESMA itself does not directly supervise individual financial institutions, it plays a coordinating role in overseeing the activities of national competent authorities (NCAs) in the EU member states. It aims to ensure consistent and effective application of EU rules.
    • Investor Protection: ESMA works to enhance investor protection by providing guidelines, and recommendations, and promoting transparency in financial markets.
    • Market Integrity: ESMA focuses on maintaining the integrity of financial markets by addressing issues related to market abuse, insider dealing, and other forms of misconduct.
    • Risk Assessment: ESMA conducts risk assessments of financial markets in the EU, identifying potential threats and vulnerabilities. It also provides early warnings to address emerging risks.
    • Data Collection and Reporting: ESMA collects data from market participants and issues regular reports on various aspects of financial markets.
    • International Cooperation: ESMA collaborates with other regulatory bodies and organizations at the international level to foster consistency and coordination in global financial regulation.
  3. Recently, there has been an issue between ESMA and RBI that revolves around the disagreement related to the domestic bond trading platform and the recognition of Indian clearing houses. 
  4. ESMA is negotiating with RBI regarding a potential EMIR (European Market Infrastructure Regulation)-compliant MoU.
  5. The European Market Infrastructure Regulation (EMIR) is a regulation that aims to increase transparency in the derivatives market and reduce risks associated with over-the-counter (OTC) derivatives, central counterparties (CCPs), and trade repositories (TRs).
  6. ESMA has proposed less stringent rules on inspecting and penalizing Indian financial market entities, which has led to negotiations and discussions with the RBI to resolve the standoff. 
  7. ESMA's proposal and the potential impact on the regulatory authority of the RBI have been the focal points of the discussions between the two entities. If the proposal is accepted, it could lead to a reduction in regulatory oversight of Indian financial market entities by ESMA, which could have implications for investor protection and the stability of the financial system. However, the negotiations are ongoing, and the outcome is yet to be determined.
     

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