ESMA LIBRARY

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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
03/10/2008 08-713b CESR statement- Fair value measurement and related disclosures of financial instruments in illiquid markets Statement PDF
359.83 KB
21/10/2008 08-839 Joint statement from CESR, CEBS and CEIOPS Regarding the latest developments in accounting Statement PDF
69.31 KB
07/01/2009 08-937 CESR statement on the reclassification of financial instruments and other related issues Statement PDF
95.12 KB
15/07/2009 09-575 Statement on the application of and disclosures related to the reclassification of financial instruments Statement PDF
186.44 KB
26/10/2010 10-1083 Follow-up Statement on Application of Disclosure Requirements Related to Financial Instruments in the 2009 Financial Statements Statement PDF
282.3 KB
01/10/2010 10-1143 Tender for the Creation of a Logo and Graphical elements for European Securities and Markets Authority CLOSED Procedure PDF
208.11 KB
27/10/2010 10-1264 Q&A 1 Clarifications and responses to questions concerning the Appel d'offre n 10-1264- part 1 CLOSED Procedure PDF
57.19 KB
27/10/2010 10-1264 Q&A 2 Clarifications and responses to questions concerning the Appel d'offre n 10-1264- part 2 CLOSED Procedure PDF
54.6 KB
08/10/2010 10-1264a Règlement de la consultation- PRESTATIONS DE MISSION DE MAITRISE D’OEUVRE POUR L’AGENCEMENT DES NOUVEAUX LOCAUX DU CESR CLOSED Procedure PDF
443.87 KB
08/10/2010 10-1264b CAHIER DES CLAUSES PARTICULIERES- PRESTATIONS DE MISSION DE MAITRISE D’OEUVRE POUR L’AGENCEMENT DES NOUVEAUX LOCAUX DU CESR CLOSED Procedure PDF
438.62 KB
08/10/2010 10-1264c ACTE D’ENGAGEMENT- PRESTATIONS DE MISSION DE MAITRISE D’OEUVRE POUR L’AGENCEMENT DES NOUVEAUX LOCAUX DU CESR A PARIS CLOSED Procedure PDF
134.85 KB
01/10/2010 10-320 Tender for the development, support and maintenance of the website of ESMA CLOSED Procedure ZIP
4.27 MB
09/06/2010 10-333 Technical Advice- The Equivalence between the Japanese Regulatory and Supervisory Framework and the EU Regulatory Regime for Credit Rating Agencies , Technical Advice PDF
4.59 MB
24/07/2012 2011/39 Update on measures adopted by competent authorities on short selling Statement PDF
287.67 KB
This is the PDF version of the statement. Please also see the word version of the statement which contains all links to the measures curretly in place.
31/07/2014 2014/944 Potential Risks Associated with Investing in Contingent Convertible Instruments , Statement PDF
106.1 KB
The European Securities and Markets Authority (ESMA) is issuing this statement to clarify to institutional investors risks from a newly emerging asset class referred to by most market participants as contingent convertibles instruments (CoCos). If they work as intended in a crisis CoCos will play an important role to inhibit risk transfer from debt holders to taxpayers. They along with standards to improve the quality and quantity of bank capital reflect a considerate response to the former regulatory capital framework. However, it is unclear as to whether investors fully consider the risks of CoCos and correctly factor those risks into their valuation. ESMA believes there are specific risks to CoCos and that investors should take those risks into consideration prior to investing in these instruments.
27/03/2020 ESMA31-67-742 Public statement on publication deadlines under the Transparency Directive , Statement PDF
88.72 KB
06/01/2021 ESMA32-339-149 Public Statement Targeted Longer-Term Refinancing Operations III Statement PDF
115.66 KB
13/11/2018 ESMA33-128-505 Final Technical Advice Securitisation Repositories Fees Technical Advice PDF
570.74 KB
11/01/2019 ESMA33-128-577 Statement on Securitisation implementation Statement PDF
324.46 KB
28/06/2017 ESMA35-36-885 Product Intervention- General Statement , Statement PDF
123.04 KB

This statement provides an update on the European Securities and Markets Authority’s (ESMA) work in relation to the sale of contracts for differences (CFDs), binary options and other speculative products to retail investors.

 

ESMA has been concerned about the provision of speculative products such as CFDs, rolling spot forex and binary options to retail investors for a considerable period of time and has conducted ongoing monitoring and supervisory convergence work in this area. In this context, ESMA has previously published a number of Q&As on CFDs and other speculative products[1] to foster supervisory convergence, having established a CFD Task Force in July 2015, and also issued a further investor warning on the sale of CFDs, binary options and other speculative products in July 2016[2].

 

However, ESMA remains concerned that these supervisory convergence tools may not be sufficiently effective to ensure that the risks to consumer protection are sufficiently controlled or reduced. ESMA is therefore discussing the possible use of its product intervention powers under Article 40 of MiFIR to address investor protection risks in relation to CFDs, rolling spot forex and binary options.

 

ESMA is in the process of discussing the possible use of its product intervention powers under Article 40 of MiFIR, the possible content of any such measures, and how they could be applied. However, ESMA can confirm that the measures being discussed for (i) CFDs and rolling spot forex and (ii) binary options include proposals that take into account a number of measures that have been adopted or publicly consulted on by EU National Competent Authorities. These measures include leverage limits, guaranteed limits on client losses, and / or restrictions on the marketing and distribution of these products.

 

In accordance with Article 40 of MiFIR, any intervention measures must be approved by the ESMA Board of Supervisors and can only come into effect from 3 January 2018 at the earliest[3].