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17/03/2022 ESA 2022 15 EU financial regulators warn consumers on the risks of crypto-assets , , , Investor Warning PDF
118.67 KB
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14/03/2022 ESMA71-99-1864 ESMA Statement on Ukraine , , , , , , , , , , , , Statement PDF
93.35 KB
27/01/2022 JC 2022 02 ESAs welcome ESRB Recommendation on a pan-European systemic cyber incident coordination framework for relevant authorities , Statement PDF
244.55 KB
26/01/2022 ESMA70-447-1885 Statement on new NSP notification threshold , Statement PDF
90.32 KB
28/10/2021 ESMA70-154-2780 ESMA’s Statement on Investment Recommendations on Social Media , Statement PDF
106.19 KB
24/03/2021 ESMA71-99-1608 ESMA appoints new chair of Market Integrity Standing Committee , , , Statement PDF
37.58 KB
23/02/2021 ESMA22-105-1307 Introductory statement on GameStop share trading- Steven Maijoor , Statement PDF
96.93 KB
17/02/2021 ESMA70-155-11809 Episodes of very high volatility in trading of certain stocks , Statement PDF
107.47 KB
27/03/2020 ESMA31-67-742 Public statement on publication deadlines under the Transparency Directive , Statement PDF
88.72 KB
10/04/2019 JC 2019 26 Joint ESA advice on the need for legislative improvements relating to ICT risk management requirements , Technical Advice PDF
1.34 MB
10/04/2019 JC 2019 25 Joint ESA advice on the costs and benefits of developing a coherent cyber resilience testing framework for significant market participants and infrastructures , Technical Advice PDF
785.49 KB
07/11/2018 ESMA71-99-1058 ESMA new SC chairs , , Statement PDF
142.32 KB
11/07/2018 ESMA70-145-941 Introductory statement for ECON scrutiny session on Level 2 measures under the EU Benchmarks Regulation Statement PDF
294.21 KB
22/06/2018 ESMA 70-145-466 EC Annex to ESMA response to the EC consultation on supervisory reporting fitness check Statement PDF
386.78 KB
23/05/2018 ESMA71-99-979 ESMA appoints new chair to its Committee of Economic and Markets’ Analysis , Statement PDF
209.05 KB
13/11/2017 ESMA50-157-828 ESMA alerts firms involved in Initial Coin Offerings (ICOs) to the need to meet relevant regulatory requirements , Statement PDF
330.73 KB
13/11/2017 ESMA50-157-829 ESMA alerts investors to the high risks of Initial Coin Offerings (ICOs) , Statement PDF
444.01 KB
29/09/2017 ESMA71-99-602 ESMA appoints new chairs to Standing Committees , , , , , , , Statement PDF
143.69 KB
28/06/2017 ESMA35-36-885 Product Intervention- General Statement , Statement PDF
123.04 KB

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[1] 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[2].

 

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[3].

08/06/2017 ESMA70-145-104 Introductory statement for ECON meeting on level 2 Measures under the Benchmarks Regulation (BMR) Statement PDF
206.91 KB