On May 12, 2015, the Joint Committee of the three European Supervisory Authorities (ESAs) published a report detailing its findings and recommendations regarding the disclosure requirements and obligations relating to due diligence, supervisory reporting and retention rules in existing EU law on Structured Finance Instruments (SFIs). The ESAs comprise the European Banking Authority, the European Securities and Markets Authority and the European Insurance and Occupational Pensions Authority.
The report states that its recommendations constitute the Joint Committee's response to the European Commission's recent consultation on securitization and should be considered in the light of further work on the transparency requirements for SFIs.
The report focuses on the interplay between investor due diligence requirements and the disclosure requirements that apply to issuers, originators and sponsors. It aims to establish whether investors are effectively protected and whether the supervision framework is appropriate to support the redevelopment of the EU securitization markets. It includes recommendations to:
- harmonize due diligence requirements across the EU.
- standardize investor reports and have them stored in a centralized, public space.
- ensure investors receive loan-by-loan level data.
- review the use of different definitions and key terms across EU legislative texts.
- complement a harmonized due diligence and disclosure framework with a comprehensive regime for supervision and enforcement.
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