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|Date||Ref.||Title||Section||Type||Download||Info||Summary||Related Documents||Translated versions|
|06/05/2020||ESMA35-43-2391||Reminder of firms’ MiFID II conduct of business obligations in the context of increasing retail investor activity||COVID-19, MiFID - Investor Protection||Statement||PDF
|31/03/2020||ESMA35-36-1919||Clarification of issues related to the publication of reports by execution venues and firms as required under RTS 27 and 28||COVID-19, MiFID - Investor Protection||Statement||PDF
|20/03/2020||ESMA35-43-2348||ESMA Statement on COVID-19 telephone recording||COVID-19, MiFID - Investor Protection||Statement||PDF
|19/11/2019||ESMA71-319-154||Banking and the MiFID II review||MiFID - Investor Protection, MiFID - Secondary Markets, Speeches||Speech||PDF
|12/07/2019||ESMA35-36-1743||Statement Product Intervention||MiFID - Investor Protection||Statement||PDF
|03/04/2019||ESMA71-319-93||Steven Maijoor Keynote speech- BETTER FINANCE 10th Anniversary 2019||Fund Management, MiFID - Investor Protection, Risk Analysis & Economics - Markets Infrastructure Investors, Speeches||Speech||PDF
|26/02/2019||ESMA71-99-1120||Keynote by Steven Maijoor- Crypto-Assets: time to deliver||Risk Analysis & Economics - Markets Infrastructure Investors||Speech||PDF
|19/12/2018||ESMA35-43-1328||Brexit Statement- information to clients||Brexit, MiFID - Investor Protection||Statement||PDF
|28/11/2018||ESMA35-43-1376||Verena Ross Keynote speech at DSW-Better Finance International Investors’ Conference||MiFID - Investor Protection, Speeches||Speech||PDF
|07/11/2018||ESMA71-99-1058||ESMA new SC chairs||Fund Management, MiFID - Investor Protection, Risk Analysis & Economics - Markets Infrastructure Investors||Statement||PDF
|30/05/2018||ESMA71-99-991||Statement of the EBA and ESMA on the treatment of retail holdings of debt financial instruments subject to the Bank Recovery and Resolution Directive||MiFID - Investor Protection, Warnings and publications for investors||Statement||PDF
|23/05/2018||ESMA71-99-979||ESMA appoints new chair to its Committee of Economic and Markets’ Analysis||Innovation and Products, Risk Analysis & Economics - Markets Infrastructure Investors||Statement||PDF
|21/03/2018||ESMA71-99-964||CMU, Brexit and ESA review – What’s next? Steven Maijoor BVI Keynote||Fund Management, MiFID - Investor Protection, Speeches||Speech||PDF
|22/02/2018||ESMA70-145-441||ECON scrutiny session Short Selling Regulation Verena Ross||Short Selling||Speech||PDF
|15/12/2017||ESMA71-99-910||Statement on preparatory work of the European Securities and Markets Authority in relation to CFDs and binary options offered to retail clients||MiFID - Investor Protection, Warnings and publications for investors||Statement||PDF
|05/10/2017||ESMA35-42-597||Speech by Steven Maijoor on financial education and investor protection in Europe- IOSCO World Investor Week||MiFID - Investor Protection, Speeches||Speech||PDF
|28/06/2017||ESMA35-36-885||Product Intervention- General Statement||Innovation and Products, MiFID - Investor Protection||Statement||PDF
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 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.
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.
 ESMA/2016/1166 Warning about CFDs, binary options and other speculative products published 25 July 2016
|02/12/2016||2016/1640||Speech by Verena Ross, ESMA Executive Director at the 2016 Global Capital Markets Conference||MiFID - Investor Protection, Speeches||Speech||PDF
|17/11/2016||2016/1584||Safeguarding investors is key to ensuring the capital markets Union’s success||MiFID - Investor Protection, Speeches||Speech||PDF