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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
27/03/2014 2014/332 Structured Retail Products- Good practices for product governance arrangements , 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.
04/01/2022 ESMA22-106-3800 SMSG response to ESMA on its Call for evidence on the EC mandate on certain aspects relating to retail investor protection , SMSG Advice PDF
374.84 KB
04/05/2022 ESMA22-106-4032 SMSG advice to the ESMA Consultation Paper on Guidelines on certain aspects of the MiFID II suitability requirements , SMSG Advice PDF
274.55 KB
02/12/2022 ESMA22-106-4323 SMSG Advice to the Call for evidence on the implementation of SRD2 provisions on proxy advisors and the investment chain , SMSG Advice PDF
260.77 KB
02/12/2022 ESMA22-106-4322 SMSG Advice on Depositary Receipts and Geopolitical Risks , SMSG Advice PDF
152.76 KB
05/10/2020 ESMA22-106-2819 SMSG advice on 2021 Annual Work Programme , SMSG Advice PDF
117.42 KB
26/10/2022 ESMA22-106-4247 SMSG advice in respect of the ESMA Consultation Paper on the Review of the Guidelines on MiFID II product governance requirements , , SMSG Advice PDF
232.86 KB
25/04/2017 ESMA70-145-76 Points for convergence in relation to MAR accepted market practices on liquidity contracts , Opinion PDF
166.37 KB
13/07/2017 ESMA70-154-270 Opinion to support supervisory convergence in the area of secondary markets in the context of the United Kingdom withdrawing from the European Union , , Opinion PDF
181.69 KB
13/07/2017 ESMA35-45-344 Opinion to support supervisory convergence in the area of investment management in the context of the United Kingdom withdrawing from the European Union , , Opinion PDF
246.6 KB
13/07/2017 ESMA35-43-762 Opinion to support supervisory convergence in the area of investment firms in the context of the United Kingdom withdrawing from the European Union , , Opinion PDF
236.23 KB
02/05/2022 ESMA70-449-497 Opinion RTS liquidity contracts for SME Growth Market issuers , , , Opinion PDF
849.59 KB
27/09/2017 ESMA70-145-171 Opinion on the intended accepted market practice on liquidity contracts notified by the CMVM Opinion PDF
364.69 KB

Link to the revised template describing the Portuguese AMP as established by a decision of the Portuguese CMVM of 9 November 2017 and published in accordance with Article 2 (3) of Commission Delegated Regulation  (EU) 2016/908: https://www.esma.europa.eu/sites/default/files/cmvm_annex_-_amp_on_liquidity_contracts.pdf

16/12/2016 2016/1663 Opinion on intended accepted market practice on liquidity contracts by the CNMV Opinion PDF
6.43 MB

Link to the revised template describing the Spanish AMP as established through a Circular and published by the CNMV in accordance with Article 2 (3) of Commission Delegated Regulation  (EU) 2016/908: https://www.esma.europa.eu/sites/default/files/cnmv_amp_-_revised_template_post_circular.pdf.

 

19/03/2020 ESMA70-155-9587 Opinion on HCMC emergency measure under the SSR , , Opinion PDF
260.22 KB
15/04/2020 ESMA70-155-9853 Opinion on HCMC emergency measure under the SSR , , Opinion PDF
308.38 KB
19/03/2020 ESMA70-155-9590 Opinion on FSMA emergency measure under the SSR , , Opinion PDF
260.27 KB
15/04/2020 ESMA70-155-9833 Opinion on FSMA emergency measure under the SSR , , Opinion PDF
306.36 KB
24/03/2020 ESMA70-155-9604 Opinion on FMA emergency measure under the SSR , , Opinion PDF
265.61 KB
15/04/2020 ESMA70-155-9848 Opinion on FMA emergency measure under the SSR , , Opinion PDF
432.15 KB

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