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Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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13/11/2020 | ESMA34-39-1119 | Recommendation of the European Systemic Risk Board (ESRB) on liquidity risk in investment funds | Fund Management | Report | PDF 1.12 MB |
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12/11/2020 | ESMA34-32-548 | Penalties and measures imposed under the AIFMD Directive in 2018- 2019 | Fund Management | Report | PDF 565.29 KB |
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12/11/2020 | ESMA34-45-934 | Penalties and measures imposed under the UCITS Directive in 2019 | Fund Management | Report | PDF 365.02 KB |
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21/07/2020 | JC 2020 66 draft | Draft Final Report following consultation on draft regulatory technical standards to amend the PRIIPs KID (NOT APPROVED) | Fund Management, Joint Committee | Report | PDF 2.77 MB |
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04/06/2020 | ESMA34-39-1042 | Supervisory briefing on the supervision of costs in UCITS and AIFs | Fund Management, Supervisory convergence | Report | PDF 162.41 KB |
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06/04/2020 | ESMA 50-165-1098 | ESMA annual statistical report on performance and costs of retail investment products in the EU- 2020 | Fund Management, MiFID - Investor Protection, Risk Analysis & Economics - Markets Infrastructure Investors | Report | PDF 4.08 MB |
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10/01/2020 | ESMA50-165-1032 | EU Alternative Investment Funds- 2020 Statistical Report | Fund Management, Risk Analysis & Economics - Markets Infrastructure Investors | Report | PDF 1.94 MB |
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12/12/2019 | ESMA34-45-756 | Penalties and measures imposed under the UCITS Directive in 2018 | Fund Management | Report | PDF 467.36 KB |
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05/09/2019 | ESMA50-164-2458 | Stress simulation for investment funds | Fund Management, Risk Analysis & Economics - Markets Infrastructure Investors | Report | PDF 868.55 KB |
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04/04/2019 | ESMA34-45-651 | UCITS Sanction Report 2016/2017 | Fund Management | Report | PDF 398.96 KB |
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17/07/2018 | ESMA32-51-522 | ESMA response to the European Commission consultation on the Fitness Check on the EU Framework for public reporting by companies | Corporate Disclosure, IAS Regulation | Report | PDF 625.18 KB |
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20/07/2017 | ESMA34-45-277 | Opinion on asset segregation and custody services | Fund Management | Opinion | PDF 604.81 KB |
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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 | Brexit, Fund Management, Supervisory convergence | Opinion | PDF 246.6 KB |
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07/04/2017 | ESMA34-43-340 | Notification frameworks and home-host responsibilities under UCITS and AIFMD- ESMA Thematic Study among National Competent Authorities | Fund Management | Report | PDF 895.97 KB |
One of the key objectives of ESMA is to foster and increase supervisory convergence across NCAs. Thematic studies have been identified as a means of achieving this objective. Their aim is to review supervisory practice in the Member States, identifying good or best practices where possible. In 2016, ESMA conducted a thematic study on the operation of home and host responsibilities under AIFMD and UCITS with a view to promoting smooth operation of the EU passports for marketing and management, looking at the notification frameworks contained in the UCITS Directive and AIFMD. The findings of the thematic study form the core of this report. They are supplemented, where possible, by a number of recommendations on good supervisory practices. |
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30/01/2017 | ESMA34-43-296 | Opinion on UCITS Share Classes | Fund Management | Opinion | PDF 332.69 KB |
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12/04/2016 | 2016/596 | Opinion on loan origination | Fund Management | Opinion | PDF 118.55 KB |
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31/03/2016 | 2016/411 | Guidelines on sound remuneration policies under the UCITS Directive and AIFMD | Fund Management | Report | PDF 1.39 MB |
Article 14a(4) of Directive 2009/65/EC (“UCITS Directive”), as amended by Directive 2014/91/EU (“UCITS V Directive”) provides that ESMA shall issue guidelines addressed to competent authorities or financial market participants concerning the application of the remuneration principles set out under Article 14b of the UCITS Directive (“UCITS Remuneration Guidelines”). This final report sets out the final text of the guidelines on remuneration policies required by the UCITS V Directive and also provides for a targeted revision of the Guidelines on sound remuneration policies under the AIFMD (ESMA/2013/232) (“AIFMD Remuneration Guidelines”), which were originally published on 3 July 2013. |
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16/02/2016 | 2016/297 | Follow-up MMF | Fund Management, Supervisory convergence | Report | PDF 882.13 KB |
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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. | |||
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 |