Brussels, 9 September 2024 – The European Banking Federation and its members are fully engaged in supporting the completion of a European Savings and Investments Union as called by Enrico Letta in his report published in April 2024. Developing EU capital markets will contribute not only to ensuring that the digital transformation and green transition of our economies are properly funded, but will secure the bedrock upon which EU competitiveness can be relaunched.
Currently, EU capital markets are losing competitiveness, as recently highlighted, among others, by the President of the Eurogroup, Pascal Donohoe and President of the European Commission, Ursula von der Leyen, who recalls in the EC Strategic Agenda 2024-2029 that the fragmentation of our financial markets sees ‘’EUR 300 billion of European families’ savings transferred to foreign markets every year”. Game-changing and ambitious reforms are therefore key. In this context, we fully support the aim of the European Commission to improve retail investors’ access and participation to capital markets through the Retail Investment Strategy (RIS) to ensure that more households benefit from the prosperity generated by EU companies and SMEs.
President von der Leyen also highlighted in the new EC Agenda the need to reduce red tape and administrative burden in order to improve EU competitiveness: “Each Commissioner will be tasked with focusing on reducing administrative burdens and simplifying implementation: less red tape and reporting, more trust, better enforcement, faster permitting.”
Against this background, we are concerned that the RIS, as proposed and currently negotiated, is bound to stay the opposite course, significantly increasing complexity, costs and administrative burden not just for firms, but -most importantly- for their clients, whose customer journey is heavily complexified.
The multiplication of checks, tests, overload of information and warnings ( i.e., proposals regarding the new inducement test, new best interest test and related clauses on the “unnecessary additional features”, as well as additional disclosure of costs and charges) will disincentivize savers from investing in financial markets and will lead them to prefer easily accessible unregulated products, such as crypto assets, a trend already seen occurring with new investors.
We believe that an effective investor protection should not lead to the superimposition of excessive requirements, but rather strike the right balance between clarity, flexibility, effectiveness, variety and freedom of choice. A key element of this is, in our opinion, the reinforcement of product governance via an adequate, workable Value For Money (“VFM”) framework. Provided that the rules are drafted in a calibrated way that allows for flexibility for investment firms, VFM could be an effective tool for managing potential conflicts and ensuring product-specific scrutiny of delivered value against the considerations of a full range of qualitative and quantitative features, costs and investment targets. Among the 3 proposals, the text proposed by the European Parliament seems to be the less prejudicial basis for this approach. However, some improvements still need to be made in upcoming interinstitutional dialogue, as the proposal in many ways remains unclear, is too complex, and risks leading to price regulation and impaired competitiveness.
This text is an opportunity to demonstrate the EU can rise to the challenge of competitiveness, reducing the number and superimposition of over-protection and anti-competitive rules, and at the same time reinforce a few well-targeted measures to strengthen and develop a domestic market of European players and investors, who are the key for financing the digital and green transitions.
The EBF continues to work in this direction with its members, drawing on their experience to identify and client-oriented solutions that may foster safe and informed access to capital markets.
For more information:
Jacopo Borgognone, Senior Policy Adviser – Financing Growth, j.borgognone@ebf.eu
Gabriel Daia, Head of Communications & Public Affairs, g.daia@ebf.eu
About the European Banking Federation:
The European Banking Federation is the voice of the European banking sector, bringing together national banking associations from across Europe. The EBF is committed to a thriving European economy that is underpinned by a stable, secure and inclusive financial ecosystem, and to a flourishing society where financing is available to fund the dreams of citizens, businesses and innovators everywhere.x
Every Friday at noon you can receive the EBF Weekly + Financial Regulation Agenda. This agenda presents an overview of upcoming European and international meetings and conferences in financial regulation, as well as important general financial and economic events and key EBF meetings for the week ahead. CLICK HERE TO SUBSCRIBE
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BRUSSELS, 23 March 2022 –EBF welcomes the extension of equivalence for UK CCPs until June 2025 and the EC’s consultation on the review of the clearing framework in the EU.
EBF would like to highlight that any forced relocation strategy or other coercive measures will not achieve, and would likely undermine, the objective of a competitive and resilient EU clearingas such strategy would, by definition, only capture EU market participants due to the territoriality of EMIR.
A forced relocation restricted to EU clearing market will:
The risks of serious market disruptions and complex practical, operational and legal challenges in case of a forced relocation, especially if extended to legacy positions, have been pointed out in several occasions (see also below).
The following measures have similar effects and contravene the stated objective of increasing the attractiveness/competitiveness of the EU clearing and capital market while also severely harming the international competitiveness of EU institutions:
We would consider any approach that harms the clearing infrastructure in favour of one particular CCP to be disproportionate. In this context we ask the European Commission to only consider measures that make clearing in the EU more attractive, without disproportionally undermining other market participants that are key to the fair and efficient provision of clearing services.
For more information:
Paulin Guérin, Senior Policy Adviser Financing Sustainable Growth, p.guerin@ebf.eu
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About the EBF:
The European Banking Federation is the voice of the European banking sector, bringing together national banking associations from across Europe. The EBF is committed to a thriving European economy that is underpinned by a stable, secure and inclusive financial ecosystem, and to a flourishing society where financing is available to fund the dreams of citizens, businesses and innovators everywhere.
Every Friday at noon you can receive the EBF Weekly + Financial Regulation Agenda. This agenda presents an overview of upcoming European and international meetings and conferences in financial regulation, as well as important general financial and economic events and key EBF meetings for the week ahead. CLICK HERE TO SUBSCRIBE
The EBF Morning Brief is published Monday through Friday morning and brings you the top banking headlines, relevant announcements from the EU institutions and the latest from the EBF and its members, national banking associations in 32 countries in Europe. CLICK HERE TO SUBSCRIBE
The post EBF feedback to the EC consultation on the review of the central clearing framework in the EU appeared first on EBF.
]]>January 2023
BRUSSELS, 12 January 2023 – The European Banking Federation (EBF) is a strong supporter of deepening the Capital Market Union and believes that the MiFIR review proposal presented by the European Commission (EC) on November 25, 2021 is critical for increasing the competitiveness of financial market actors operating in the EU-27 and the attractiveness of the EU’s regulatory framework. However, the EBF has concerns about several of the MiFIR reform proposals, which were not subject to proper analysis or impact assessments, making it difficult to assess their impact and potentially leading to unintended consequences for investment firms, clients, and the EU capital market as a whole.
For more information:
Marta Morellato, Financing Sustainable Growth team, m.morellato@ebf.eu
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About the EBF:
The European Banking Federation is the voice of the European banking sector, bringing together national banking associations from across Europe. The EBF is committed to a thriving European economy that is underpinned by a stable, secure and inclusive financial ecosystem, and to a flourishing society where financing is available to fund the dreams of citizens, businesses and innovators everywhere.
The post EBF Position on MIFIR [January 2023] appeared first on EBF.
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Brussels, 2 May 2022 – The European Banking Federation (EBF) welcomes the opportunity to comment on ESMA’s draft “Opinion on Trading Venues’ Perimeter”. In general terms, we understand that ESMA’s intention is to provide more clarity on the concept of “multilateral system” i.e. one of the most important definitions in the MiFID 2 framework upon which the EU capital markets is currently structured, and to further harmonise the understanding of such concepts across the Union. However, having carefully read the analysis and proposals presented in the Draft Opinion, EBF members fear that ESMA will in fact achieve the opposite result. Indeed, several of the examples and figures included in the draft Opinion have left our members with a large number of new questions, worries and a significant level of legal uncertainty.
In more details:
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For more information:
Pauline Guerin, Senior Policy Adviser, Financing Growth p.guerin@ebf.eu
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About the EBF:
The European Banking Federation is the voice of the European banking sector, bringing together national banking associations from across Europe. The EBF is committed to a thriving European economy that is underpinned by a stable, secure and inclusive financial ecosystem, and to a flourishing society where financing is available to fund the dreams of citizens, businesses and innovators everywhere.
Every Friday at noon you can receive the EBF Weekly + Financial Regulation Agenda. This agenda presents an overview of upcoming European and international meetings and conferences in financial regulation, as well as important general financial and economic events and key EBF meetings for the week ahead. CLICK HERE TO SUBSCRIBE
The EBF Morning Brief is published Monday through Friday morning and brings you the top banking headlines, relevant announcements from the EU institutions and the latest from the EBF and its members, national banking associations in 32 countries in Europe. CLICK HERE TO SUBSCRIBE
The post EBF Position paper – ESMA Consultation TV perimeter appeared first on EBF.
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BRUSSELS, 25 April 2022 – The European Banking Federation (EBF) is a strong supporter of deepening the Capital Market Union to enable financial markets to play a stronger role in light of the EU-27 financing challenges. The review proposal presented by the European Commission (COM) on 25 November 2021 is of critical importance to increase the competitiveness of financial market actors operating in the EU-27 and the attractiveness of the Union’s regulatory framework.
With these objectives in mind, the EBF finds it regrettable that several of the MiFIR reform proposals both for the equity and the non-equity transparency regimes are based on expected benefits that were neither subject to an in-depth analysis nor to a comprehensive impact assessment. This makes the impact of the proposals very difficult to assess and could lead to unintended consequences for investment firms, clients and the EU capital market as a whole.
In more details,
Finally, our members’ experience from both MiFID I and MiFID II/MiFIR shows that there should be a minimum of at least 18 months from the time both Level 1 and Level 2 are published in the “Official Journal of the European Union” until they apply
For more information:
Paulin Guérin, Senior Policy Adviser Financing Sustainable Growth, p.guerin@ebf.eu
Marta Morellato, Financing Sustainable Growth team, m.morellato@ebf.eu
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About the EBF:
The European Banking Federation is the voice of the European banking sector, bringing together national banking associations from across Europe. The EBF is committed to a thriving European economy that is underpinned by a stable, secure and inclusive financial ecosystem, and to a flourishing society where financing is available to fund the dreams of citizens, businesses and innovators everywhere.
Every Friday at noon you can receive the EBF Weekly + Financial Regulation Agenda. This agenda presents an overview of upcoming European and international meetings and conferences in financial regulation, as well as important general financial and economic events and key EBF meetings for the week ahead. CLICK HERE TO SUBSCRIBE
The EBF Morning Brief is published Monday through Friday morning and brings you the top banking headlines, relevant announcements from the EU institutions and the latest from the EBF and its members, national banking associations in 32 countries in Europe. CLICK HERE TO SUBSCRIBE
The post EBF Position on MIFIR Review appeared first on EBF.
]]>Article by Jacopo Borgognone, EBF Policy Advisor – Financial Markets
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The European Commission’s relaunch of the Capital Markets Union (CMU) in2020 is bound to intersect with a fast-paced revolution in the economic landscape driven by technology as well as political and societal forces pushing for the twin transition. To discuss why completing Europe’s ambitious reforms remains essential to fostering sustainable and inclusive growth in Europe, experts from the public and private sectors gathered virtually at the event co-hosted by the EBF and the Markets4Europe Campaign on Monday 6 December 2021, entitled “Are Europe’s Capital Markets Ready for the Future?”. These are the main conclusions that emerged from the discussion.
September 24, 2021, marked the first anniversary of the ambitious new Action Plan of the European Commission aimed at relaunching the CMU. Over this time, European economies – now fully embarked on the road to recovery and in search of sustainable growth – have continued to face major transformation such as an increased demand for action against climate change and the emergence of disruptive technologies. The rapid development and deployment of digital technologies and the entry of new, highly innovative FinTechs are changing the way the traditional financial ecosystem operates. Meanwhile, to achieve the goals set by the European Green Deal, the European Commission has pledged to mobilize at least €1 trillion in sustainable investments over the next decade, requiring an unprecedented shift in both public and private funds to finance the transition. Capital markets are a growing part of this process.
The following takeaways emerged from the discussion:
To watch the full discussion, please click here.
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The United Nations estimates that $5 trillion to $7 trillion in annual funding is required to meet the Sustainable Development Goals (SDGs). Similarly, to achieve the goals set by the European Green Deal, the European Commission has pledged to mobilize at least €1 trillion in sustainable investments over the next decade. This clearly indicates that both public and private funds are needed to leverage capital markets to achieve the financing goals of the transition.
Capital markets are a growing part of this process, driven by the increased demand for sustainable bonds observed during the pandemic (in 2021, global sustainable bond issuance exceeded $700 billion, compared to the 400 billion of 2020).
The European Union retains a clear leading role in scaling up sustainable finance not only in terms of market issuance (50% of the outstanding sustainable bonds are issued in the EU), but also by virtue of regulatory initiatives aimed at shifting investment flows towards ESG objectives to support the European Green Deal.
The rapid development and deployment of digital technologies and the entry of new, highly innovative FinTechs are changing the way the traditional financial ecosystem operates.
In this context, discussants identified three key drivers of transformation :(a) the exponential uptake of Distributed Ledgers Technologies (DLT), such as Blockchain; (b) the diffusion of data-centric models, both inside and outside traditional value-chains; and (c) the growth of new trading platforms providing a direct access point to retail investors.
DLT, for instance, offers both new challenges and new solutions. At the same time, DLT’s current lack of interoperability and the risk of further fragmentation anticipate new challenges facing the financial landscape of tomorrow.
Neither sustainability nor digitalization can happen without the support of more liquid, efficient and integrated capital markets enabled by the CMU. This is due to three key reasons:
To develop EU capital markets capable of meeting old and new challenges, discussants identified three those key reforms that – if completed- would enable a future-proof and fit-for-purpose CMU:
To achieve these results, it takes a collective effort. Therefore, the Markets4Europe campaign, and the EBF as its initiator, remain committed to supporting national governments and European stakeholders in implementing the ambitious reforms needed to achieve a truly functioning CMU.
Every Friday at noon you can receive the EBF Weekly + Financial Regulation Agenda. This agenda presents an overview of upcoming European and international meetings and conferences in financial regulation, as well as important general financial and economic events and key EBF meetings for the week ahead. CLICK HERE TO SUBSCRIBE
The EBF Morning Brief is published Monday through Friday morning and brings you the top banking headlines, relevant announcements from the EU institutions and the latest from the EBF and its members, national banking associations in 32 countries in Europe. CLICK HERE TO SUBSCRIBE
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BRUSSELS, 20 December 2021 – The EBF welcomes the opportunity to respond to ESMAs Call for Evidence on the European Commission’s mandate on certain aspects relating to retail investor protection.
In the context of the CMU action plan, it is essential to ease retail investors’ access to financial markets while ensuring a high level of investor protection.
The EBF welcomes a review of the information requirements since the current regime is too complex and not calibrated to clients’ needs. We support easing requirements for professional and eligible counterparties as well as knowledgeable retail investors through changing opt-up criteria. We agree with ESMA it is very important to ensure that the disclosure requirements are technology neutral so that it is easy for clients to understand and access the information also in an online environment.
Furthermore, there should be horizontal alignment between legislation to ensure transparency and comparability, especially uniform information for similar investment products and services.
Discrepancies in the sustainability regime in MiFID II and SFDR should be addressednotably regarding reporting frequency of individual portfolio management. There is also great concerns relating to the overlapping implementation period of the SFDR level 2 requirements (1 jan 2023) and MiFID II rules on suitability assessment (3 aug and 22 nov 2022). The EBF strongly support postponing the MiFID II level 2 requirements until 1 jan 2023.
The benefits of an open finance approach in the field of retail investment will strongly depend on how an open finance policy is implemented in the EU and whether the initiative is limited to data that is now held by banks instead of all the data that is useful in the financial ecosystem, including data from other sectors.
We would like to to underline that disclosures do not automatically lead to increased investor protection. Financial literacy remains a key feature to improve retail investors’ access to capital markets. x
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For more information:
Pauline Guerin, Senior Policy Adviser, Financing Growth p.guerin@ebf.eu
Liga Semane, Policy Adviser, Innovation & Data l.semane@ebf.eu
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About the EBF:
The European Banking Federation is the voice of the European banking sector, bringing together national banking associations from across Europe. The EBF is committed to a thriving European economy that is underpinned by a stable, secure and inclusive financial ecosystem, and to a flourishing society where financing is available to fund the dreams of citizens, businesses and innovators everywhere
Every Friday at noon you can receive the EBF Weekly + Financial Regulation Agenda. This agenda presents an overview of upcoming European and international meetings and conferences in financial regulation, as well as important general financial and economic events and key EBF meetings for the week ahead. CLICK HERE TO SUBSCRIBE
The EBF Morning Brief is published Monday through Friday morning and brings you the top banking headlines, relevant announcements from the EU institutions and the latest from the EBF and its members, national banking associations in 32 countries in Europe. CLICK HERE TO SUBSCRIBE
The post EBF response to ESMAs Call for Evidence on certain aspects relating to retail investor protection. appeared first on EBF.
]]>Article by Pauline Guérin, EBF Senior Policy Advisor – Financing Growth
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A year ago, the European Commission (EC) published its new Capital Markets Union (CMU) action plan composed of 16 actions and aiming at “getting money – investments and savings – flowing across the EU so that it can benefit consumers, investors and companies, regardless of where they are located”.
Market-based financing is essential to sustain the recovery and to finance the twin transition to a greener and more digital EU economy. However, we know that one of the key challenges the EU is facing is the low level of investment by EU retail investors in capital markets. We also know empowering investors is particularly high on Commissioner McGuinness’s priorities. The EC intends to attract more retail investors by simplifying rules in particular regarding disclosure of information on financial products. One of the proposals is the development of individual pension tracking systems which should encourage investors to supplement public pensions with life-long saving and investment.
In this context, the EC published a public consultation last spring to tailor the future EU retail investment strategy to investors’ needs and to be published in 2022. As rightly pointed out by the EC in its communication dated 25th November 2021, “it is thus essential to empower retail investors to use these opportunities while providing the right level of protection”. Issues high on the agenda are sustainable investments, the digitalization of markets, and the implementation of distribution and transparency rules under MiFID II.
While it is now widely recognised that (potential) investors are facing an information overload which may discourage them from investing in financial markets, we should also make sure not to create more confusion by amending the distribution rules now that they have just been fully implemented by financial intermediaries. On the contrary, the EC might rather consider working on consistency across regulatory requirements.
Inducements are under scrutiny by the ESAs and the EC as being potentially unfair to clients. We should also highlight that MiFID II rules already strictly frame the perception of inducements. One should also keep in mind that at this point in time and in many Member States, the majority of investors are not ready to pay for any financial service, so it is one of the ways for financial intermediaries to get a payment from the services they provide. The inducement regime is also key to ensuring open architecture and the distribution of diversified products.
We believe the current regulatory framework may entail the emergence of new risks which should be considered by regulators. Social media and other unregulated platforms carry risks regarding the reliability and quality of information. The reliability and quality of information can sometimes be doubtful, and those platforms cannot provide the right protection against misinformation.
By framing too strictly the distribution of investment products, some investors may be tempted to invest in non-regulated products such as crypto assets or virtual currencies which are easily available online driving them away from financial markets. It’s now time to appropriately frame those unregulated products at the EU level.
As advocated by the EBF in the Markets4Europe campaign, investment culture can only evolve with investors and entrepreneurs who are comfortable with their investment choices. Therefore, the EU needs a major EU campaign for financial literacy to educate potential investors. In this context, we can only strongly support the launch of the joint EC/OECD-INFE project to develop a financial competence framework for the EU.
To conclude, if there is an urgent need to move forward in framing the marketing, the issuance, and the distribution of unregulated products, investors will not be able to take part in financial markets if they do not properly understand the functioning, characteristics of financial markets and products. If investor protection is key, it goes hand in hand with financial education and this can only be done at the EU level with a strong commitment from the Member States to the Capital Markets Union.
Every Friday at noon you can receive the EBF Weekly + Financial Regulation Agenda. This agenda presents an overview of upcoming European and international meetings and conferences in financial regulation, as well as important general financial and economic events and key EBF meetings for the week ahead. CLICK HERE TO SUBSCRIBE
The EBF Morning Brief is published Monday through Friday morning and brings you the top banking headlines, relevant announcements from the EU institutions and the latest from the EBF and its members, national banking associations in 32 countries in Europe. CLICK HERE TO SUBSCRIBE
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]]>BRUSSELS, 30 July 2021 – The EBF welcomes the opportunity to contribute to the retail investment strategy under the Capital Markets Union action plan. The CMU action plan is key to financing the green recovery and the digital transformation of the EU and to fostering investors’ access to capital markets (see EBF position on CMU action plan available here).
While the EBF and its members support a high level of investor protection, the EBF also highlights the need for a flexible approach in order not to disincentivize investors from investing in corporates via financial markets. At this stage, rather than issuing new rules and requirements, EBF members would support supervisory convergence between national competent authorities. EBF supports some adjustments in order to broaden the professional client category under MiFID II as the current client categorization criteria are too strict and often difficult to be satisfied, with the consequence that an excessively small portion of clients can be considered professional or professional on request.
In more detail, the EBF considers that the following key elements should be taken into consideration when developing a European Retail Investment Strategy:
EBF would like to highlight the importance of financial literacy. We do, in fact, believe that investment culture can only evolve with investors and entrepreneurs who are comfortable with their choices and we, therefore, need a major EU campaign for financial literacy to educate those who access capital markets. In this context, the EBF continues to support the joint EC/OECD-INFE project to develop a financial competence framework for the EU, which will play a central role in providing European investors with the knowledge needed to participate in financial markets confidently and contribute to accelerating the post-pandemic recovery.
Pauline Guérin, Senior Policy Adviser, Financing Growth p.guerin@ebf.eu
Alexia Femia, Financing Growth, a.femia@ebf.eu
Every Friday at noon you can receive the EBF Weekly + Financial Regulation Agenda. This agenda presents an overview of upcoming European and international meetings and conferences in financial regulation, as well as important general financial and economic events and key EBF meetings for the week ahead. CLICK HERE TO SUBSCRIBE
The EBF Morning Brief is published Monday through Friday morning and brings you the top banking headlines, relevant announcements from the EU institutions and the latest from the EBF and its members, national banking associations in 32 countries in Europe. CLICK HERE TO SUBSCRIBE
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]]>BRUSSELS, 15 March 2021 – The European Banking Federation has responded to the European Commission’s consultation on the establishment of a European single access point (ESAP) for financial and non-financial information publicly disclosed by companies.
Why is ESAP needed?
ESAP is seen as:
ESAP should not:
ESAP should:
1. Start small, think big:
2. Pull in existing public registers (interconnect existing MS databases)
3. Ensure information is easily accessible in user friendly format
4. Ensure information quality in a comparable and machine-readable manner including those provided on a voluntary basis (common standards and structure)
5. Provide access to raw data
6. Include data source
7. Be publicly funded and governed as it is a public good. In this spirit, we believe that access to ESAP should be free for end-users.
Find the EBF response to this consultation by clicking the ‘full document’ button below:
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FOR MORE INFORMATION:
Sustainable Finance page on the EBF website: CLICK HERE
Denisa Avarmaete, Senior Policy Adviser, Sustainable Finance, EBF
d.avarmaete@ebf.eu
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ABOUT THE EUROPEAN BANKING FEDERATION:
The European Banking Federation is the voice of the European banking sector, bringing together national banking associations from across Europe. The EBF is committed to a thriving European economy that is underpinned by a stable, secure and inclusive financial ecosystem, and to a flourishing society where financing is available to fund the dreams of citizens, businesses and innovators everywhere.
Every Friday at noon you can receive the EBF Weekly + Financial Regulation Agenda. This agenda presents an overview of upcoming European and international meetings and conferences in financial regulation, as well as important general financial and economic events and key EBF meetings for the week ahead. CLICK HERE TO SUBSCRIBE
The EBF Morning Brief is published Monday through Friday morning and brings you the top banking headlines, relevant announcements from the EU institutions and the latest from the EBF and its members, national banking associations in 32 countries in Europe. CLICK HERE TO SUBSCRIBE
The post European Commission Consultation on the establishment of a European single access point (ESAP) for financial and non-financial information publicly disclosed by companies: EBF response appeared first on EBF.
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