Better Regulation logo
Table of Contents

Table of Contents

Expand all headings Collapse all headings Expand side bar Collapse side bar
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)RecitalsChapter I Establishment and legal status (arts. 1-7)Article 1 Establishment and scope of actionArticle 2 European System of Financial SupervisionArticle 3 Accountability of the AuthoritiesArticle 4 DefinitionsArticle 5 Legal statusArticle 6 CompositionArticle 7 SeatChapter II Tasks and powers of the authority (arts. 8-39)Article 8 Tasks and powers of the AuthorityDraft Article 8a Duty of cooperationArticle 9 Tasks related to consumer protection and financial activitiesArticle 9a No action lettersArticle 10 Regulatory technical standardsArticle 11 Exercise of the delegationArticle 12 Revocation of the delegationArticle 13 Objections to regulatory technical standardsArticle 14 Non-endorsement or amendment of draft regulatory technical standardsArticle 15 Implementing technical standardsArticle 16 Guidelines and recommendationsArticle 16a OpinionsArticle 16b Questions and answersArticle 17 Breach of Union lawArticle 17a Protection of reporting personsDraft Article 17aa Failure in supervision on approval of financial products, services or entitiesDraft Article 17aaa Suspension of rights to provide services on a cross-border basisArticle 18 Action in emergency situationsArticle 19 Settlement of disagreements between competent authorities in cross-border situationsDraft Article 19a Collaboration platformsArticle 20 Settlement of disagreements between competent authorities across sectorsArticle 21 Colleges of supervisorsArticle 22 General provisions on systemic riskArticle 23 Identification and measurement of systemic riskArticle 24 Permanent capacity to respond to systemic risksArticle 25 Recovery and resolution proceduresArticle 26 European system of national Investor Compensation SchemesArticle 27 European system of resolution and funding arrangementsArticle 28 Delegation of tasks and responsibilitiesDraft Article 28a Mutual assistance between competent authoritiesDraft Article 28b General principles applicable to the enforcement of decisions imposing administrative finesArticle 29 Common supervisory cultureArticle 29a Union strategic supervisory prioritiesArticle 30 Peer reviews of competent authoritiesArticle 31 Coordination functionArticle 31a Information exchange on fitness and proprietyArticle 31b Coordination function in relation to orders, transactions and activities with significant cross-border effectsArticle 32 Assessment of market developments, including stress testsArticle 33 International relations including equivalenceArticle 34 Other tasksArticle 35 Collection of informationArticle 35a Exchange of information between authorities and with other entitiesArticle 35b Integrated reporting systemArticle 36 Relationship with the ESRBArticle 37 Securities and Markets Stakeholder GroupArticle 38 SafeguardsArticle 39 Decision-making proceduresDraft Article 35c Data platformDraft Chapter IIa Powers of the authority over financial market participants under the authority's suupervision (draft arts. 39a-39n)Draft Article 39a ScopeDraft Article 39b Requests for informationDraft Article 39c InvestigationsDraft Article 39d On-site inspectionsDraft Article 39e Procedural rules for supervisory measures and finesDraft Article 39f FinesDraft Article 39g Periodic penalty paymentsDraft Article 39h Supervisory measuresDraft Article 39i Administrative sanctions and measures against natural personsDraft Article 39j Hearing of the persons concernedDraft Article 39k Disclosure, nature, enforcement and allocation of fines and periodic penalty paymentsDraft Article 39l SettlementDraft Article 39m Review by the Court of Justice of the European UnionDraft Article 39n Supervisory feesChapter III Organisation (arts. 40-53)Section 1 Board of Supervisors (arts. 40-44)Article 40 CompositionArticle 41 Internal committeesArticle 42 Independence of the Board of SupervisorsArticle 43 TasksArticle 43a Transparency of decisions adopted by the Board of SupervisorsArticle 44 Decision makingSection 2 Management Board (drafts. 44a-44b and arts. 45-47)Draft Article 44a Composition and appointment of the Executive BoardDraft Article 44b Decision-makingArticle 45 CompositionArticle 45a Decision-makingDraft Article 45c Internal committeesArticle 45b Coordination GroupsArticle 46 Independence of the Management BoardDraft Article 46a Tasks of the Executive BoardArticle 47 TasksSection 3 Chairperson (arts. 48-50)Article 48 Appointment and tasksArticle 49 Independence of the ChairpersonArticle 49a ExpensesArticle 50 ReportSection 4 Executive Director (arts. 51-53)Article 51 AppointmentArticle 52 IndependenceArticle 53 TasksChapter IV Joint bodies of the European Supervisory Authorities (arts. 54-59)Section 1 Joint Committee of European Supervisory Authorities (arts. 54-57)Article 54 EstablishmentArticle 55 CompositionArticle 56 Joint positions and common actsArticle 57 Sub-CommitteesSection 2 Board of Appeal (arts. 58-59)Article 58 Composition and operationArticle 59 Independence and impartialityChapter V Remedies (arts. 60-61)Article 60 AppealsArticle 60a Exceeding of competence by the AuthorityArticle 61 Actions before the Court of Justice of the European UnionChapter VI Financial provisions (arts. 62-66)Article 62 Budget of the AuthorityArticle 63 Establishment of the budgetArticle 64 Implementation and control of the budgetArticle 65 Financial rulesArticle 66 Anti-fraud measuresChapter VII General provisions (arts. 67-75)Article 67 Privileges and immunitiesArticle 68 StaffArticle 69 Liability of the AuthorityArticle 70 Obligation of professional secrecyArticle 71 Data protectionArticle 72 Access to documentsArticle 73 Language arrangementsArticle 74 Headquarters AgreementArticle 75 Participation of third countriesDraft Chapter VIIa Delegated Acts (draft. 75a)Draft Article 75a Exercise of delegationChapter 8 Transitional and final provisions (arts. 76-82)Article 76 Relationship with the Committee of European Securities RegulatorsArticle 77 Transitional staff provisionsArticle 78 National provisionsArticle 79 AmendmentsArticle 80 RepealArticle 81 ReviewArticle 82 Entry into forceDone at
Page Overview
Document Overview
Tools
Set a date to view the document
Text comparison options
Full text - Date 1 vs Date 2
Amendments requiring commencement - Current text vs Text requiring commencement
Draft proposed changes - Current text vs Text proposed by drafting documents
Recently generated comparisons
Draft proposed changes: 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)
Print / Export options
Current page
Whole document
Selected pages
Consolidated PDF of the entire document as of 16th June 2026
Export
Export line by line
Export provision to provision
Report template
Create report template
Alert me to changes
Manage alerts
Bookmarks
This page
This document
Manage bookmarks
Search within this document
View previous searches
Share
Get page link
Share via email application

AI Summary of Article 22 General provisions on systemic risk

The Authority shall duly consider systemic risk as defined by Regulation (EU) No 1092/2010 and address any risk of disruption in financial services that is caused by an impairment of all or parts of the financial system and which has the potential to have serious negative consequences for the internal market and the real economy. The Authority shall take into account monitoring and assessment of systemic risk developed by the ESRB and the Authority and shall respond to warnings and recommendations by the ESRB in accordance with Article 17 of Regulation (EU) No 1092/2010.

In collaboration with the ESRB and in accordance with Article 23, the Authority shall develop a common approach for identification and measurement of systemic risk posed by key financial market participants, including quantitative and qualitative indicators that will be critical to supervisory actions and with monitoring of convergence in determinations. The Authority may issue additional guidelines and recommendations for key financial market participants, ensure systemic risk is considered in draft regulatory and implementing technical standards under Article 1(2), conduct inquiries into specific activities, products or conduct and, following such inquiries, the Board of Supervisors may make recommendations; the Authority may use its powers including Article 35, and the Joint Committee shall ensure overall cross‑sectoral coordination.

PreviousNext
Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2020 - onwards
Version 4 of 4

Article 22 General provisions on systemic risk

DRAFT Sub paragraph replaced Article 1 Amendments to Regulation (EU) No 1095/2010 of the Proposal for a Regulation of the European parliament and of the Council amending Regulations (EU) No 1095/2010, No 648/2012, No 600/2014, No 909/2014, 2015/2365, 2019/1156, 2021/23, 2022/858, 2023/1114, No 1060/2009, 2016/1011, 2017/2402, 2023/2631 and 2024/3005 as regards the further development of capital market integration and supervision within the Union (COM(2025) 943 final / 2025/0383 (COD))
View:
Current text Draft text as it may be read Compare current vs draft text Whole document current text vs draft text

1. The Authority shall duly consider systemic risk as defined by Regulation (EU) No 1092/2010. It shall address any risk of disruption in financial services that:

(a) is caused by an impairment of all or parts of the financial system; and

(b) has the potential to have serious negative consequences for internal market and the real economy.

The Authority shall consider, where appropriate, the monitoring and assessment of systemic risk as developed by the ESRB and the Authority and respond to warnings and recommendations by the ESRB in accordance with Article 17 of Regulation (EU) No 1092/2010.

2. The Authority shall, in collaboration with the ESRB, and in accordance with Article 23 develop a common approach for the identification and measurement of systemic risk posed by key financial market participants, including quantitative and qualitative indicators as appropriate.

Those indicators shall be a critical element in the determination of appropriate supervisory actions. The Authority shall monitor the degree of convergence in the determinations made, with a view to promoting a common approach.

3. Without prejudice to the acts referred to in Article 1(2), the Authority shall draw up, as necessary, additional guidelines and recommendations for key financial market participants, to take account of the systemic risk posed by them.

PreviousNext