REFINE YOUR SEARCH
Type of document
|Date||Ref.||Title||Section||Type||Download||Info||Summary||Related Documents||Translated versions|
|05/12/2019||JC 2019 19||The introduction of fallbacks in OTC derivative contracts and the requirement to exchange collateral||Joint Committee, Post Trading||Statement||PDF
|17/11/2017||ESMA34-49-103||Technical advice, draft implementing technical standards and guidelines under the MMF Regulation||Fund Management||Final Report||PDF
|02/10/2013||2013/1374||Technical advice on third country regulatory equivalence under EMIR – Switzerland (Supplement)||Post Trading||Final Report||PDF
|02/10/2013||2013/1370||Technical advice on third country regulatory equivalence under EMIR – India||Post Trading||Final Report||PDF
|02/10/2013||2013/1375||Technical advice on third country regulatory equivalence under EMIR – Canada||Post Trading||Final Report||PDF
|11/06/2020||ESMA70-156-3070||Statement_Access ETDs||COVID-19, MiFID - Secondary Markets, Post Trading||Statement||PDF
|04/05/2020||ESMA71-99-1324||Statement on bilateral margin RTS amendments in response to Covid-19||COVID-19, Joint Committee, Post Trading, Press Releases||Statement||PDF
|05/04/2016||2016/429||Review of Article 26 of RTS No 153/2013 with respect to MPOR for client accounts||Post Trading||Final Report||PDF
Reasons for publication
In relation to the draft amended technical standards, ESMA consulted stakeholders on two occasions: the first consultation on a Discussion Paper (DP) was conducted from 27 August to 30 September 2015; the second, on the consultation paper (CP) including the proposed draft RTS was carried out from 14 December 2015 to 1st February 2016.
ESMA received a strong support from the respondents to the CP on the proposed amendment introducing the possibility for EU CCPs to margin on a one day gross basis for clients’ accounts. The responses to the consultation confirm that a one day gross account structure provides a sufficient level of protection to the CCPs and to the clients.
On the proposed conditions linked to this type of account, the majority of the respondents are of the view that they are needed to ensure the safety of the CCPs. Some clarifications or slight amendments have been introduced following the comments received, in particular on intraday margins calls and on entities belonging to the same group as clearing members.
|03/01/2013||2012/874||Report to the European Parliament, the Council and the Commission on the budgetary implications of Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories (EMIR)||Post Trading||Final Report||PDF
|04/02/2020||ESMA32-67-613||Report on amendments to ESMA Guidelines on enforcement of financial information||Transparency||Final Report||PDF
|31/03/2014||2014/03/ODRG||Report of the OTC Derivatives Regulators Group (ODRG) on Cross-Border Implementation Issues||Post Trading||Final Report||PDF
|25/07/2012||2012/474||Report and consultation paper on guidelines on ETFs and other UCITS issues||Fund Management||Final Report||PDF
|This paper sets out ESMA’s guidelines on ETFs and other UCITS issues. The guidelines are adapted to the type of UCITS, management technique or financial instrument in question and are detailed in Annex III of the documentThis document also sets out in Annex IV a public consultation on the treatment of repo and reverse repo arrangements on which ESMA is seeking feedback from stakeholders. The feedback to this further consultation will be used by ESMA to finalise its position on this specific issue, which will be incorporated into the rest of the guidelines already adopted by the Authority (cf. Annex III of this document).|
|02/02/2016||2016/165||Public Statement- Supervisory work on potential closet index tracking||Fund Management||Statement||PDF
The European Securities and Markets Authority (ESMA) is issuing this statement to inform stakeholders and especially investors about the potential for some European collective investment funds to be ‘closet index trackers’, and to give details on the work that ESMA has been doing in this context.
Reasons for issuing this statement
 ESMA recognises that management fees may depend on a number of factors.
|31/01/2019||ESMA70-151-2050||Public Statement on Refit implementation timing issues||Post Trading||Statement||PDF
|28/03/2019||ESMA70-151-2181||Public statement on Refit implementation of CO regime for FCs and NFCs||Post Trading||Statement||PDF
|27/03/2020||ESMA31-67-742||Public statement on publication deadlines under the Transparency Directive||COVID-19, Transparency||Statement||PDF
|09/07/2020||ESMA34-39-109||Public statement on external support within the meaning of Article 35 of the MMF Regulation||COVID-19, Fund Management||Statement||PDF
|31/10/2018||ESMA70-151-1773||Public Statement on CO and TO for intragroup as well as Cat 4||Post Trading||Statement||PDF
|12/07/2019||ESMA70-156-1436||Public Statement MiFIR DTO||MiFID - Secondary Markets, Post Trading||Statement||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