EU plans to expand ESMA’s mandate to cover major stock, crypto exchanges directly

The European Union is set to present the plan for its financial framework, enabling the European Securities and Markets Authority (ESMA) to oversee stock exchanges, cryptocurrency platforms, and the most critical post-trading organizations of its member states. 

This initiative forms part of the European Commission’s comprehensive strategy to create a competitive market, which is expected to surpass that of the US and other rivals. 

The newly proposed regulation would extend ESMAs’ direct supervision capabilities over the most critical of European Union-wide and cross-border firms in the market. 

As it now stands, every EU member state has a separate regulator responsible for monitoring these stock exchanges, as well as other markets. 

The proposal, according to the Commission, will deliver regulatory expertise while enabling a suitable cross-border exchange trading environment for new European businesses and investors.

The initiative is also crucial for the EU’s objective of completing its Capital Markets Union. The Commission will present the market integration package in December. This would be the draft law to genuinely expand ESMAs’ ruling authority. 

The ESMAs plan would also provide for national agency disputes to be resolved. If they involve large cross-border operations between asset agency sectors or globally active financial sectors, disputes may arise between their national bodies. 

National divides emerge over centralized oversight

Numerous endorsements for the initiative have been heard from the leading capitals, but support still varies across member states. For example, France, a long-time supporter of the single market’s regulator, firmly endorses the idea, claiming that it will prevent the phenomenon of regulatory arbitrage, where companies incorporate in a state with lenient regulation to serve the rest of the EU. 

Germany had historically been reluctant to cede financial control to Brussels, but the current government, led by Friedrich Merz, has changed its stance. The vast majority of EU countries perceive it as an understanding that Europe must restructure its market and adapt to keep up with the times.

However, some countries, such as Luxembourg, Ireland, and Malta, are not so enthusiastic. They argue that ESMA supervision would weaken their financial sectors and deprive them of the expertise of their local watchdogs. Representatives of these countries argue the best solution is to balance centralization with convergence and coordination between EU- and EEA-level regulators. 

Some industry groups are also concerned. Fund associations and major exchange operators emphasize that working with the national watchdog ensures maximum personalization. They argue that doing business with one-size-fits-all ESMA could result in higher compliance costs and more bureaucratic hurdles. For cryptocurrencies in particular, ESMA has not yet prepared a specifically adapted regulation for the sector.

EU reform reshapes stock and crypto markets

The reform also intends to simplify cross-border operations for Europe’s stock exchanges. Large trading venues would no longer need to interact with dozens of national regulators; they would instead be accountable to ESMA. 

Furthermore, the situation may help to harmonize standards while lowering administrative expenses. For crypto-asset service providers, the change is even more pronounced. Currently, crypto firms are regulated under the Markets in Crypto-Assets framework, which grants national-level licensing but allows firms to operate Europe-wide using a mechanism known as “passporting”. 

Instead, the biggest and most systemically relevant crypto firms would be subject to immediate ESMA oversight. This may be a positive development, as it would put pressure on more enforcement and guarantee uniformity throughout the bloc. 

It is projected that enforcing a more homogeneous strategy may make things harder for so-called regulatory shopping and help close previous oversight gaps, ensuring that fewer harmful firms manage to slip through the cracks. 

For investors, the model offers enhanced levels of protection and transparency. A powerful regulator would have more resources to address potential cross-border concerns, guaranteeing no regulatory loopholes, and enforcing stricter surveillance of market manipulation. 

The model has a local touch, according to the Commission. Local authorities will still be responsible for overseeing small firms and conducting daily supervision. ESMA will have oversight over organizations that operate across multiple nations or are critical to the economy.

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