ESMA LIBRARY
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Reset all filters| Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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| 20/01/2011 | 2011/16 | Letter to the SEC- Rulemakings on Registration of non-resident Swap Data Repositories | MiFID - Secondary Markets | Letter | PDF 30.66 KB |
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| 20/01/2011 | 2011/4 | Letter to the CFTC- Rulemakings on Registration of foreign Swap Data Repositories and Foreign Boards of Trade | MiFID - Secondary Markets | Letter | PDF 34.38 KB |
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| 15/03/2011 | 2011/94 | ESMA response to the European Commission consultation on CSDs and securities settlement | Post Trading | Letter | PDF 54.2 KB |
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| 27/07/2012 | 2012/476 | Reply of ESMA to the European Commission’s Green Paper on Shadow Banking | MiFID - Investor Protection | Letter | PDF 175.94 KB |
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| 01/03/2013 | 308184 | European Commission extends deadline for ESMA advice on equivalence of non-EU rules with EMIR | Post Trading | Letter | PDF 137.93 KB |
On February 27, the European Commission extended for four months the deadline for ESMA advise on the equivalence between non-EU legal and supervisory frameworks and EMIR, the European Markets Infrastructure Regulation. According to the letter from the Commission, ESMA shall now deliver its advice on Japan and the USA by 15 June 2013 and, for the remaining countries specified in the request by 15 July 2013. The original deadline was 15 March 2013. |
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| 15/03/2013 | 2013/312 | Regulatory technical standards on colleges for central counterparties supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 | Post Trading | Opinion | PDF 151.67 KB |
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| 13/05/2013 | 804587 | EMIR – Draft standard on the cross-border application of EMIR, (Art. 4(4) and 11(14)) | Post Trading | Letter | PDF 157.5 KB |
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| 14/06/2013 | 2224977 | Updated mandate on EMIR equivalence | Post Trading | Letter | PDF 364.5 KB |
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| 08/08/2013 | 2013/1086 | Reporting to Trade Repositories – the case of ETDs | Post Trading | Letter | PDF 177.31 KB |
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| 03/09/2013 | 2013/1163 | Technical advice on third country regulatory equivalence under EMIR | Post Trading | Letter | PDF 174.58 KB |
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| 26/09/2013 | DG Markt MJ/acg (2013) 3265823 | European Commission letter regarding Draft Technical Standard on the Cross-Border Application of EMIR | Post Trading | Letter | PDF 82.86 KB |
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| 02/10/2013 | 2013/1383 | Technical advice on third country regulatory equivalence under EMIR | Post Trading | Letter | PDF 44.23 KB |
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| 15/11/2013 | 2013/1655 | ESMA reply to Commission letter on the reporting of exchange traded derivatives under EMIR | Post Trading | Letter | PDF 42.73 KB |
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| 24/01/2014 | 2014/1964 | Letter to Jonathan Faull (EC) regarding Technical Advice | Post Trading | Letter | PDF 180.54 KB |
Letter regarding Technical advice on possible delegated acts concerning procedural rules to impose fines and periodic penalty payments to Trade Repositories (TRs) |
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| 28/01/2014 | 2013/1941 | Letter to Jonathan Faull (EC) regarding draft technical standards | MiFID - Investor Protection, MiFID - Secondary Markets | Letter | PDF 44.25 KB |
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| 30/01/2014 | 2014/83 | Letter to Jonathan Faull (EC) regarding Technical Advice (Japan) | Post Trading | Letter | PDF 49.66 KB |
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| 07/02/2014 | 2014/146 | MiFID practices for firms selling complex products | MiFID - Investor Protection, Warnings and publications for investors | Opinion | PDF 122.37 KB |
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| 14/02/2014 | 2014/184 | Letter to Commissioner Barnier on classification of financial instruments as derivatives | Post Trading | Letter | PDF 223.48 KB |
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| 20/03/2014 | Ares(2014)513399 | EC response on classification of financial instruments | Post Trading | Letter | PDF 194.08 KB |
European Commission response to ESMA's letter to Michel Barnier, Commissioner for Internal Market and Services regarding the classificiation of financial instruments as derivatives sent on 14 February. ESMA Letter 2014/184 |
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| 27/03/2014 | 2014/332 | Structured Retail Products- Good practices for product governance arrangements | MiFID - Investor Protection, Innovation and Products | Opinion | PDF 203.1 KB |
Legal basis 1. Regulation (EU) No 1095/2010 (ESMA Regulation) sets out the European Securities and Markets Authority’s (ESMA) scope of action, tasks and powers which include “enhancing customer protection”, and “foster[ing] investor protection”. 2. In order to continue delivering on this investor protection statutory objective, ESMA is issuing this opinion on certain aspects linked to the manufacturing and distribution of structured retail products (SRP). This opinion takes into account relevant work done in this field both at European and interna-tional level. 3. This opinion is without prejudice to the requirements for the provision of investment services and activities established in the Markets in Financial Instruments Directive (MiFID) and its implementing measures (notably, Directive 2006/73/EC), the regulatory developments arising from the MiFID review or existing product rules that may apply to SRPs. 4. ESMA’s competence to deliver an opinion is based on Article 29(1) (a) of the ESMA Regulation. In accordance with Article 44(1) of the ESMA Regulation, the Board of Supervisors has adopted this opinion. Background 5. In its July 2013 report on ‘Retailisation in the EU’ , ESMA highlighted that, from a consumer protec-tion perspective, retail investors may face difficulties in understanding the drivers of risks and returns of structured products. If retail investors do not properly understand the risk and reward profile of structured products, and if the products are not properly assessed against the risk appetite of retail investors, retail investors might be exposed to unexpected losses and this might lead to complaints, reputational risks for manufacturers and distributors, and a loss of confidence in the regulatory framework and, more broadly, in financial markets. 6. In 2013, ESMA mapped the measures adopted in the EU Member States in relation to complex products in order to identify issues and to better understand the rationale behind national initiatives (by looking at similarities and differences in the various approaches, and reviewing how complexity has been treated in the different EU Members States). 7. As a result, ESMA has developed a broad set of non-exhaustive examples of good practices, attached as Annex 1 hereto, illustrating arrangements that firms - taking into account the nature, scale and complexity of their business - could put in place to improve their ability to deliver on investor protection regarding, in particular, (i) the complexity of the SRPs they manufacture or distribute, (ii) the nature and range of the investment services and activities undertaken in the course of that business, and (iii) the type of investors they target. These good practices should also be a helpful tool for competent authorities in carrying out their supervisory action. Opinion 8. ESMA considers that sound product governance arrangements are fundamental for investor protec-tion purposes, and can reduce the need for product intervention actions by competent authorities. 9. ESMA considers that, when supervising firms manufacturing or distributing an SRP, competent authorities should promote, in their supervisory approaches, the examples of good practices for firms set out in Annex 1 hereto. 10. Although the good practices set out in Annex 1 hereto focus on structured products sold to retail investors, ESMA considers that they may also be a relevant reference for other types of financial in-struments (such as asset-backed securities, or contingent convertible bonds), as well as when financial instruments are being sold to professional clients. 11. The exposure to risk is an intrinsic feature of investment products. The good practices set out in Annex 1 refer to product governance arrangements and do not (and cannot) aim at removing investment risk from products. |