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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
19/08/2020 ESMA34-32-551 ESMA letter on AIFMD Review Fund Management Letter PDF
331.6 KB
07/08/2018 ESMA34-32-427 ESMA letter to EIOPA regarding AIFMD Fund Management Letter PDF
203.59 KB
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
13/04/2021 ESMA80-195-858 ESMA response to ESRB letter on procyclicality of credit ratings Credit Rating Agencies Letter PDF
180.39 KB
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.
19/01/2016 Ares(2015)5921711 EU Commission Letter AIFMD Passport Fund Management Letter PDF
63.78 KB
18/07/2013 Ares(2013)2569526 European Commission letter to ESMA re draft Regulatory Technical Standards on types of AIFMD, Article 4(4) of AIFMD Directive Fund Management Letter PDF
125.25 KB		 On 8 July 2013 ESMA received a letter from the European Commission (EC) in response to its draft regulatory technical standards in its Final report - Draft Regulatory Technical Standards on types of AIFMs (ESMA/2013/413) submitted to the EC on 2 April 2013 for endorsement. According to Article 10(1) sixth subparagraph of Regulation (EU) No 1095/2010, ESMA has 6 weeks starting from 8 July to respond to the EC’s letter.
08/03/2019 JC-2019-17 Joint Committee of ESAs Letter on PRIIPS Fund Management, Joint Committee Letter PDF
121.06 KB
31/10/2018 Ref. Ares(2018)5093685 Letter from Commission VP Dombrovskis response to ESMA letter on implementation of the MMF Regulation Fund Management Letter PDF
54.88 KB
08/03/2011 EC 21-02-11 Letter from Jonathan Faull regarding the extension of the deadline for delivery of ESMA’s advice on the AIFMD Fund Management Letter PDF
149.8 KB
24/06/2014 2014/686 Letter to Commissioner Barnier re draft Regulatory Technical Standards under the CRA3 Regulation Credit Rating Agencies Letter PDF
25.37 KB
20/07/2018 ESMA34-49-128 Letter to EC VP Dombrovskis Share Cancellation MMF Fund Management Letter PDF
211.7 KB
03/01/2022 ESMA34-45-1485 Letter to EU Commission- Request for support in relation to the report on reverse solicitation Fund Management Letter PDF
89.59 KB
07/02/2018 ESMA34-49-107 Letter to European Commission on MMF ITS and Technical Advice Fund Management Letter PDF
61.18 KB
31/03/2016 2016/412 Letter to European Commission, European Council and European Parliament on the Proportionality principle and remuneration rules in the financial sector Fund Management Letter PDF
154.73 KB
30/01/2017 ESMA70-708036281-19 Letter to European Commission- EMIR Review and Sanctioning Powers Credit Rating Agencies, Post Trading Letter PDF
265.24 KB
16/11/2011 2011/383 Letter to Jonathan Faull- ESMA's response to the European Commission's provisional request to CESR/ESMA for technical advice on possible Level 2 measures concerningthe Directive for Alternative Investment Fund Managers (AIFM) Fund Management Letter PDF
41.73 KB
16/11/2011 2011/382 Letter to Michel Barnier- ESMA's response to the European Commission's provisional request to CESR/ESMA for technical advice on possible Level 2 measures concerningthe Directive for Alternative Investment Fund Managers (AIFM) Fund Management Letter PDF
41.73 KB
16/11/2011 2011/384 Letter to Sharon Bowles- ESMA's response to the European Commission's provisional request to CESR/ESMA for technical advice on possible Level 2 measures concerningthe Directive for Alternative Investment Fund Managers (AIFM) Fund Management Letter PDF
200.77 KB
03/02/2021 JC 2021 13 Letter to the EU Commission on PRIIPS Fund Management, Joint Committee Letter PDF
305.95 KB

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