ESMA LIBRARY

The ESMA Library contains all ESMA documents. Please use the search and filter options to find specific documents.
21
DOCUMENTS

REFINE YOUR SEARCH

Sections

Type of document

Your filters
ONGOING Procedure X Technical Advice X Investor Warning X Opinion X Decision X Market Abuse X Brexit X Transparency X Procurement X Innovation and Products X
Reset all filters

Pages

Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
13/04/2022 PROC/2021/14 Open procurement procedure – ADMS – DEADLINE 14/06/2022 – 23:59 Procurement ONGOING Procedure PDF
104.91 KB

This public procurement procedure is for “Application Development, Maintenance and Support”:

Main documents related to this procedure are downloadable and visible following the TED eTendering link published in the contract notice; some documents will be shared based on submission of signed NDU and its supporting documents.

Please note that registration in the eTendering website will give you access to the following functionalities:

  • Submission of questions related to the procedure;
  • Notifications related to changes to the procedure.

ESMA strongly advises registering and subscribing to ensure that no information related to the tender procedure is missed.
29/03/2022 PROC/2021/03 Open procurement procedure – Delivery of Professional Technical Skills Development Trainings – DEADLINE 03/05/2022 – 15:00 Procurement ONGOING Procedure PDF
127.53 KB

This public procurement procedure is for “ Delivery of Professional Technical Skills Development Trainings”:

All documents related to this procedure are downloadable and visible following the TED eTendering link published below and in the contract notice. All of the information is accessible without registration in the eTendering website. However, registered users will be able to use the following functionalities:

  • Submission of questions related to the tender;
  • Notifications related to changes to the tender procedure.

ESMA strongly advises registering and subscribing to ensure that no information related to the tender procedure is missed.

Link to eTendering: https://etendering.ted.europa.eu/cft/cft-display.html?cftId=10554
10/04/2019 JC 2019 26 Joint ESA advice on the need for legislative improvements relating to ICT risk management requirements Innovation and Products, Joint Committee 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 Innovation and Products, Joint Committee Technical Advice PDF
785.49 KB
19/09/2019 ESMA70-155-8524 ESMA Opinion CNMV revised Accepted Market Practice Market Abuse, Market Integrity Opinion PDF
520.92 KB
31/01/2020 ESMA70-155-7850 Opinion- Relating to the intended Accepted Market Practice on liquidity contracts notified by the Commissione Nazionale per le Società e la Borsa (Consob) Market Abuse Opinion PDF
407.58 KB
31/05/2021 ESMA70-155-11961 Opinion on AMF AMP Market Abuse, Market Integrity Opinion PDF
1.77 MB
13/07/2017 ESMA70-154-270 Opinion to support supervisory convergence in the area of secondary markets in the context of the United Kingdom withdrawing from the European Union Brexit, MiFID - Secondary Markets, Supervisory convergence Opinion PDF
181.69 KB
25/04/2017 ESMA70-145-76 Points for convergence in relation to MAR accepted market practices on liquidity contracts Market Abuse, Market Integrity Opinion PDF
166.37 KB
13/04/2018 ESMA70-145-442 ESMA Opinion on AMF Accepted Market Practice on liquidity contracts Market Abuse, Market Integrity Opinion PDF
542.91 KB
30/05/2017 ESMA70-145-103 Communication on launch of reference data submission under MAR Market Abuse, Market Integrity Opinion PDF
132.12 KB
01/10/2019 ESMA63-313-528 Financial Regulation of the European Securities and Markets Authority Management Board, Procurement Decision PDF
445.94 KB
12/01/2017 ESMA50-1215332076-23 Opinion on the impact of the exclusion of fund management companies from the scope of the MiFIR intervention powers Innovation and Products Opinion PDF
224.29 KB
31/05/2017 ESMA42-110-433 General Principles to support supervisory convergence in the context of the UK withdrawing from the EU Brexit, Supervisory convergence Opinion PDF
182.68 KB

The European Securities and Markets Authority’s (ESMA) competence to deliver an opin-ion is based on Article 29(1)(a) of Regulation (EU) No 1095/2010 of the European Parliament and of the Council (ESMA Regulation).  In accordance with Article 44(1) of the ESMA Regulation, the Board of Supervisors has adopted this opinion.
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
13/07/2017 ESMA35-43-762 Opinion to support supervisory convergence in the area of investment firms in the context of the United Kingdom withdrawing from the European Union Brexit, MiFID - Investor Protection, Supervisory convergence Opinion PDF
236.23 KB
17/03/2022 ESA 2022 15 EU financial regulators warn consumers on the risks of crypto-assets Innovation and Products, Joint Committee, MiFID - Investor Protection, Warnings and publications for investors Investor Warning PDF
118.67 KB		 bgcsdadeelesetfifrgahrhuitltlvmtnlplptroskslsv
17/06/2016 2016/982 Opinion on inside information disclosure under the Market Abuse Regulation Market Abuse Opinion PDF
278.89 KB
03/02/2015 2015/224 ESMA’s technical advice on possible delegated acts concerning the Market Abuse Regulation Market Abuse Technical Advice PDF
1021.03 KB		 This advice:•    specifies the MAR market manipulation indicators, by providing examples of practices that may constitute market manipulation as well as proposing “additional” indicators of market manipulation; •    recommends to set the minimum thresholds that exempt certain market participants in the emission allowance market from publicly disclosing inside information at six million tonnes of CO2eq per year and at 2,430 MW rated thermal input;•    suggests the way to determine to which regulator delays in disclosure of inside information needs to be notified.  •    provides clarifications on the enhanced disclosure of managers’ transactions. - ESMA recommends disclosing  any acquisition, disposal, subscription or exchange of financial instruments of the relevant issuer or related financial instruments carried out by managers,, further illustrated through a non-exhaustive list of types of transactions subject to this obligation.  . ESMA also clarifies the transactions that can be allowed by the issuer during a closed period when normally managers are prohibited to trade; and•    proposes procedures and arrangements to ensure sound whistleblowing infrastructures – i.e. EU national regulators should allow the receipt of reports of infringements, including appropriate communication channels and guarantee the protection of reporting and reported persons, with respect to their identity and their personal data. Next steps ESMA has sent its technical advice to the European Commission for its consideration in drafting its implementing standards regarding MAR. ESMA’s regulatory technical standards regarding MAR will be delivered in July 2015.
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.

Pages