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|Date||Ref.||Title||Section||Type||Download||Info||Summary||Related Documents||Translated versions|
|03/10/2018||ESMA71-99-1046||WP 2019 Press Release||Board of Supervisors, Corporate Information, Planning reporting budget||Press Release||PDF
|04/04/2016||2016/220||ToR FISC||Innovation and Products||Reference||PDF
|05/07/2013||2013/ITMG/14||Terms of Reference IT Management and Governance Group||ITMG||Reference||PDF
|27/03/2014||2014/332||Structured Retail Products- Good practices for product governance arrangements||MiFID - Investor Protection, Innovation and Products||Opinion||PDF
|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.|
|29/10/2015||2015/1615||Steven Maijoor speech at ECN||Innovation and Products, Speeches||Speech||PDF
|19/09/2018||ESMA71-99-1036||Steven Maijoor Keynote New technologies within and beyond capital markets||Innovation and Products, Speeches||Speech||PDF
|23/01/2017||ESMA71-844457584-330||Speech by Patrick Armstrong- FinTech, Oslo Børs ASA Conference, 18 January 2017||Innovation and Products, Speeches||Speech||PDF
|18/05/2017||pkaspeech||Speech by Patrick Armstrong on The Adoption of RegTech within the Financial Services Industry||Innovation and Products||Speech||PDF
|12/07/2019||ESMA50-164-2430||Report on the Licensing of FinTech business models||Innovation and Products||Report||PDF
|21/11/2012||ECA/ESMA 2011||Report on the annual accounts of the European Securities and Markets Authority for the financial year 2011 together with the Authority’s replies||Planning reporting budget||Reference||PDF
|20/08/2014||2014/1090||Report on Budgetary and Financial Management for 2013||Planning reporting budget||Reference||PDF
|06/05/2019||ESMA02-91-1958||Report on budgetary and financial management 2017||Corporate Information, Planning reporting budget||Report||PDF
|06/05/2019||ESMA02-1733218672-745||Report on budgetary and financial management 2016||Corporate Information, Planning reporting budget||Report||PDF
|06/05/2019||ESMA/2016/990||Report on budgetary and financial management 2015||Corporate Information, Planning reporting budget||Report||PDF
|02/06/2016||2016/773 RF||Reply form for the Discussion Paper on the Distributed Ledger Technology Applied to Securities Markets||Innovation and Products, Risk Analysis & Economics - Markets Infrastructure Investors||Reference||DOCX
|19/07/2017||ESMA50-164-820||Regulatory Technology: Reshaping the Supervisor-Market Participant Relationship||Innovation and Products, Speeches||Speech||PDF
|24/11/2016||2016/1613||Regulation and DLT: Working to Strike the Right Balance||Innovation and Products, Speeches||Speech||PDF
|01/07/2015||2015/1005||Questions and Answers: Investment-based crowdfunding: money laundering/terrorist financing||Innovation and Products||Q&A||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