ESMA LIBRARY

The ESMA Library contains all ESMA documents. Please use the search and filter options to find specific documents.
35
DOCUMENTS

REFINE YOUR SEARCH

Sections

Type of document

Your filters
Corporate Information X Benchmarks X Fund Management X Final Report X Opinion X
Reset all filters

Pages

Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
23/09/2014 2014/1164 Annex Annex to the Statement by Steven Maijoor, Chair of ESMA to the ECON hearing, 23 September 2014 Corporate Information Final Report PDF
503.01 KB
01/10/2013 2013/1340 Collection of information for the effective monitoring of systemic risk under Article 24(5), first sub-paragraph, of the AIFMD Fund Management Opinion PDF
70.75 KB
01/02/2021 ESMA34-39-961 Draft implementing technical standards under the Regulation on cross-border distribution of funds Fund Management Final Report PDF
446.92 KB
28/07/2020 ESMA22-105-1208 ESMA Opinion on 2018 Discharge Report of EP Corporate Information Opinion PDF
92.69 KB
22/05/2015 2015/880 ESMA Opinion to the EU institutions on the impact of EMIR on UCITS Fund Management Opinion PDF
208.55 KB
30/07/2015 2015/1235 ESMA's opinion to the European Parliament, Council and Commission and responses to the call for evidence on the functioning of the AIFMD EU passport and of the National Private Placement Regimes Fund Management Opinion PDF
886.86 KB		 AIFMD and the request to ESMA for an Opinion In accordance with Articles 36 and 42 of the AIFMD, non-EU AIFMs and non-EU AIFs managed by EU AIFMs are subject to the NPPR of each of the Member States where the AIFs are marketed or managed. However, the AIFMD makes provision for the passport, which is currently reserved to EU AIFMs and AIFs, to be potentially extended in future. Article 67(1) of the AIFMD establishes that, by 22 July 2015, ESMA shall issue to the European Parliament, the Council and the Commission the following: An opinion on the functioning of the passport for EU AIFMs pursuant to Articles 32 and 33 of the AIFMD and on the functioning of the national private placement regimes set out in Articles 36 and 42 of the AIFMD. Advice on the application of the passport to non-EU AIFMs and AIFs in accordance with the rules set out in Article 35 and Articles 37 to 41 of the AIFMD. Within three months of receipt of positive advice and an opinion from ESMA, and taking into account the criteria of Article 67(2) and the objectives of the AIFMD, the Commission should adopt a delegated act specifying the date when the rules set out in Article 35 and 37 to 41 of the AIFMD become applicable in all Member States. As a consequence, the EU passport would be extended to non-EU AIFs and non-EU AIFMs. In order to produce this opinion and advice, ESMA must look into the elements listed in Article 67(2) and (4) of the AIFMD , notably on the basis of the information provided by the national competent authorities (NCAs) about the EU and non-EU AIFMs under their supervision. Indeed, Article 67(3) of the AIFMD requires NCAs to provide information to ESMA quarterly as from 22 July 2013. ESMA has received input from NCAs for the periods covering 22 July 2013 to 31 March 2014, 1 April to 30 June 2014, 1 July to 30 September 2014, 1 October to 31 December 2014, and 1 January to 31 March 2015. In order to supplement the input provided by NCAs via the quarterly surveys, ESMA launched a call for evidence in November 2014 aimed at gathering information from EU and non-EU stakeholders on the functioning of the EU passport, the NPPRs and the potential extension of the AIFMD passport to non-EU countries. ESMA received 67 responses (including 15 confidential responses), from 13 non-EU Authorities, 21 EU and non-EU trade associations of asset managers, 17 EU and non-EU asset managers, and 16 other trade associations and private firms (e.g. providers of services for funds, law firms etc). Summary of the opinion In relation to the timing of the assessment of the functioning of the EU passport, ESMA considers that the delay in the implementation of the AIFMD together with the delay in the transposition in some Member States make a definitive assessment difficult. ESMA would see merit in the preparation of another opinion on the functioning of the passport after a longer period of implementation in all Member States. However, even at this early stage, ESMA has identified several issues in relation to the use of the EU passport. These issues include: i) divergent approaches with respect to marketing rules, including heterogeneity of fees charged by the NCAs where the AIFs are marketed and the definition of what constitutes a “professional investor”; ii) varying interpretations of what activities constitute “marketing” and “material changes” under the AIFMD passport in the different Member States. With that in mind, ESMA sees merit in greater convergence in the definition of these terms. Nevertheless, ESMA is of the view that there is insufficient evidence to indicate that the AIFMD EU passport has raised major issues in terms of the functioning and implementation of the AIFMD framework. In relation to the timing of the assessment of the functioning of the NPPRs, ESMA considers that the delay in the implementation of the AIFMD together with the delay in transposition in some Member states make a definitive assessment difficult. ESMA would see merit in the preparation of another opinion on the functioning of the NPPR Regime after a longer period of implementation has passed in all Member States (although this is linked to the decision to be taken by the European Parliament, the Council and the Commission on whether to extend the passport to one or more non-EU countries in the meantime). ESMA is of the view that there is insufficient evidence to indicate that the NPPRs have raised major issues in terms of the functioning and implementation of the AIFMD framework.
29/04/2020 ESMA41-137-1299 ESMAR Article 9a(2) Opinion- BMR EC Benchmarks Opinion PDF
130.45 KB
29/04/2020 ESMA41-137-1300 ESMAR Article 9a(3) Opinion- BMR NCA Benchmarks Opinion PDF
126.5 KB
esma71-99-1323_esma_nal_opinion_on_delegated_acts_climate_benchmarks.pdf
07/04/2016 JC/2016/21 Final Draft RTS PRIIPs KID Report Fund Management, Joint Committee Final Report PDF
2.63 MB
01/02/2021 ESMA81-393-83 Final Report BMR Advice Fees Benchmarks Final Report PDF
504.55 KB
03/02/2021 JC 2020 66 Final Report following consultation on draft regulatory technical standards to amend the PRIIPs KID Fund Management, Joint Committee Final Report PDF
1.7 MB
02/06/2017 ESMA70-145-81 Final report on draft RTS on cooperation with third countries under BMR Benchmarks Final Report PDF
203.07 KB
08/06/2016 2016/935 Final Report on Draft RTS under the ELTIF Regulation Fund Management Final Report PDF
687.45 KB
17/12/2020 ESMA34-32-552 Final report on Guidelines on Article 25 of the AIFMD Fund Management Final Report PDF
404.82 KB
20/12/2018 ESMA70-145-1008 Final report on Guidelines on non-significant benchmarks Benchmarks Final Report PDF
673.72 KB
16/12/2020 ESMA34-49-289 Final report on Guidelines on stress test scenarios under the MMF Regulation Fund Management Final Report PDF
656.81 KB
03/05/2019 ESMA34-45-688 Final report on integrating sustainability risks and factors in the UCITS Directive and the AIFMD Fund Management, Sustainable finance Final Report PDF
483.4 KB
19/07/2019 ESMA34-49-168 Final report on MMF reporting Fund Management Final Report PDF
623.51 KB
10/11/2016 2016-1560 Final Report on Technical Advice under the Benchmarks Regulation Benchmarks Final Report PDF
943.42 KB
10/12/2019 ESMA34-46-91 Final report- Draft RTS under Article 25 of the ELTIF Regulation Fund Management Final Report PDF
178.05 KB

Pages