ESMA LIBRARY
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Reset all filtersDate | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
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11/01/2013 | EBA/BS/2013/002 | Report on the administration and management of Euribor | Risk Analysis & Economics - Markets Infrastructure Investors | Final Report | PDF 832.36 KB |
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14/02/2013 | 2013/212 | Trends, Risks and Vulnerabilities report | Risk Analysis & Economics - Markets Infrastructure Investors | Final Report | PDF 2.03 MB |
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14/02/2013 | 2013/213 | ESMA Risk Dashboard No.1, 2013 | Risk Analysis & Economics - Markets Infrastructure Investors | Final Report | PDF 717.92 KB |
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06/06/2013 | 2013/658 | Final Report- ESMA-EBA Principles for Benchmark-Setting Processes in the EU | Risk Analysis & Economics - Markets Infrastructure Investors | Final Report | PDF 620.19 KB |
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10/06/2013 | 2013/712 | ESMA Risk Dashboard No.2, 2013 | Risk Analysis & Economics - Markets Infrastructure Investors | Final Report | PDF 806.84 KB |
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03/07/2013 | 2013/326 | Retailisation in the EU | Risk Analysis & Economics - Markets Infrastructure Investors | Final Report | PDF 976.31 KB |
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20/09/2013 | 2013/1139 | ESMA Risk Dashboard No.3, 2013 | Risk Analysis & Economics - Markets Infrastructure Investors | Final Report | PDF 891.55 KB |
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20/09/2013 | 2013/1138 | Trends, Risks, Vulnerabilities No. 2, 2013 | Risk Analysis & Economics - Markets Infrastructure Investors | Final Report | PDF 2.92 MB |
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15/11/2013 | 2013/1454 | ESMA Risk Dashboard No.4, 2013 | Risk Analysis & Economics - Markets Infrastructure Investors | Final Report | PDF 1.12 MB |
The European Securities and Markets Authority (ESMA) is publishing its Risk Dashboard No.4 for 2013. The Risk Dashboard provides a snapshot of risk issues in the third quarter of 2013 and covers the following areas: Economic environment and securities markets conditions; Liquidity Risk; Market Risk; Contagion Risk; and Credit Risk. | |||
12/03/2014 | 2014/197 | ESMA Risk Dashboard No.1, 2014 | Risk Analysis & Economics - Markets Infrastructure Investors | Final Report | PDF 743.09 KB |
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12/03/2014 | 2014/188 | Trends, Risks, Vulnerabilities No. 1, 2014 | Risk Analysis & Economics - Markets Infrastructure Investors | Final Report | PDF 2.33 MB |
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27/03/2014 | 2014/332 | Structured Retail Products- Good practices for product governance arrangements | MiFID - Investor Protection, Innovation and Products | 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. | |||
16/05/2014 | 2014/536 | ESMA Risk Dashboard No.2, 2014 | Risk Analysis & Economics - Markets Infrastructure Investors | Final Report | PDF 782.65 KB |
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03/09/2014 | 2014/884 | Report on Trends Risks Vulnerabilities No. 2, 2014 | Risk Analysis & Economics - Markets Infrastructure Investors | Final Report | PDF 2.5 MB |
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03/09/2014 | 2014/883 | ESMA Risk Dashboard No. 3, 2014 | Risk Analysis & Economics - Markets Infrastructure Investors | Final Report | PDF 763.54 KB |
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22/09/2014 | JC/2014/063 | Joint Committee Report on Risks and Vulnerabilities in the EU Financial System | Risk Analysis & Economics - Markets Infrastructure Investors, Joint Committee | Final Report | PDF 507.84 KB |
The Joint Committee of the European Supervisory Authorities (ESAs) published today its bi-annual report on risks and vulnerabilities in the European Union's (EU) financial system. The report identifies a number of risks to financial stability in the EU, including prolonged weak economic growth in an environment characterised by high indebtedness, intensified search for yield in a protracted low interest rate environment, and uncertainties in global emerging market economies. The report also highlights risks related to conduct of business and Information Technologies (IT). | |||
14/11/2014 | 2014/1341 | ESMA Risk Dashboard No. 4, 2014 | Risk Analysis & Economics - Markets Infrastructure Investors | Final Report | PDF 766.77 KB |
The European Securities and Markets Authority (ESMA) has today published its Risk dashboard for the third quarter of 2014. ESMA’s Risk Dashboard assess the risks associated to European financial markets looking into liquidity, market, contagion and credit risks. The Dashboard finds that in 3Q14 EU systemic stress indicators increased, after experiencing a calm 2Q14. Contagion risk augmented and liquidity and market risk remained on high levels, with potential for further increases ahead. Credit risk receded though remaining at a high level. Overall, market sentiment continued to be at odds with sluggish economic fundamentals and guarded expectations. An environment of ultra-low interest rates supported markets and preserved the current hunt-for-yield behaviour of investors. However, markets recognised resulting new balance sheet risks, as risk spreads increased, equity valuation moderated and expectations for future short-term interest rates fanned out. Due to these offsetting forces liquidity risk and market risk remained stable, preserving the risk of critical market corrections for the future. The systemic impact of such corrections could be exacerbated by liquidity bottlenecks, such as might arise from structural factors such as thin dealer markets or rising collateral requirements. | |||
17/12/2014 | ECO-2014/1 | ESMA's Economic Report No 1, 2014- High-frequency trading activity in EU equity markets | Risk Analysis & Economics - Markets Infrastructure Investors | Final Report | PDF 1.87 MB |
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18/12/2014 | 2014/1378 | Opinion- Investment-based crowdfunding | Innovation and Products | Opinion | PDF 460.92 KB |
Crowdfunding is a means of raising finance for projects from ‘the crowd’ often by means of an internet-based platform through which project owners ‘pitch’ their idea to potential backers, who are typically not professional investors. It takes many forms, not all of which involve the potential for a financial return. ESMA’s focus is on crowdfunding which involves investment, as distinct from donation, non-monetary reward or loan agreement. Crowdfunding is relatively young and business models are evolving. EU financial services rules were not designed with the industry in mind. Within investment-based crowdfunding a range of different operational structures are used so it is not straightforward to map crowdfunding platforms’ activities to those regulated under EU legislation. Member States and NCAs have been working out how to treat crowdfunding, with some dealing with issues case-by-case, some seeking to clarify how crowdfunding fits into existing rules and others introducing specific requirements.To assist NCAs and market participants, and to promote regulatory and supervisory convergence, ESMA has assessed typical investment-based crowdfunding business models and how they could evolve, risks typically involved for project owners, investors and the platforms themselves and the likely components of an appropriate regulatory regime. ESMA then prepared a detailed analysis of how the typical business models map across to the existing EU legislation, set out in this document. | |||
18/12/2014 | 2014/1560 | Advice- Investment-based crowdfunding | Innovation and Products | Final Report | PDF 482.2 KB |
Crowdfunding is a means of raising finance for projects from ‘the crowd’ often by means of an internet-based platform through which project owners ‘pitch’ their idea to potential backers, who are typically not professional investors. It takes many forms, not all of which involve the potential for a financial return. ESMA’s focus is on crowdfunding which involves investment, as distinct from donation, non-monetary reward or loan agreement.Crowdfunding is relatively young and business models are evolving. EU financial services rules were not designed with the industry in mind. Within investment-based crowdfunding a range of different operational structures are used so it is not straightforward to map crowdfunding platforms’ activities to those regulated under EU legislation. Member States and NCAs have been working out how to treat crowdfunding, with some dealing with issues case-by-case, some seeking to clarify how crowdfunding fits into existing rules and others introducing specific requirements.To assist NCAs and market participants, and to promote regulatory and supervisory convergence, ESMA has assessed typical investment-based crowdfunding business models and how they could evolve, risks typically involved for project owners, investors and the platforms themselves and the likely components of an appropriate regulatory regime. ESMA then prepared a detailed analysis of how the typical business models map across to the existing EU legislation, set out in sections 1 to 6 of this document. |