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30/07/2015 2015/1236 ESMA's advice to the European Parliament, the Council and the Commission on the application of the AIFMD passport to non-EU AIFMs and AIFs Technical Advice PDF
1.36 MB
Executive summary Reasons for publication In accordance with Articles 36 and 42 of the Directive 2011/61/EU on Alternative Investment Fund Managers (AIFMD), non-EU alternative investment fund managers (AIFMs) and non-EU alternative investment funds (AIFs) managed by EU AIFMs are subject to the national private placement regime (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 advice on the application of the passport to non-EU AIFMs and AIFs in accordance with the rules set out in Article 35 and 37 to 41 of the AIFMD. This document sets out ESMA’s advice on the application of the passport to six non-EU countries: Guernsey, Hong Kong, Jersey, Switzerland, Singapore and the United States. Contents Section 1 of the advice sets out the background to ESMA’s work, while the detailed assessment of each of the aforementioned non-EU countries is contained in section 2. Annexes 1 to 7 contain a summary of the feedback to the call for evidence that ESMA launched in November 2014. Annex 8 gives a detailed breakdown by non-EU country of the number of non-EU AIFs and non-EU AIFMs active in Member States in accordance with Articles 36 and 42 of the AIFMD. Next Steps ESMA will continue to work on its assessment of other non-EU countries not covered in this advice with a view to delivering further submissions to the European Parliament, the Council and the Commission in the coming months. For those non-EU jurisdictions with which there are currently no supervisory cooperation arrangements in place for the purposes of the AIFMD, ESMA will continue its efforts to agree a MoU with the authorities concerned.
20/04/2012 2012/236 ESMA's Technical Advice on possible delegated acts of the short-selling and certain aspects of CDS , Technical Advice PDF
509.39 KB
28/11/2014 2014/1417 ESMA's technical advice to the European Commission on delegated acts required by the UCITS V Directive Technical Advice PDF
469.49 KB
03/06/2013 2013-614 ESMA’s technical advice on short selling regulation Technical Advice PDF
2.3 MB
Final Report 2013/614 ESMA‘s technical advice on the evaluation of the Regulation (EU) 236/2012 of the European Parliament and of the Council on short selling and certain aspects of credit default swaps
04/02/2020 ESMA35-43-2134 ESMA’s Technical Advice to the Commission on the effects of product intervention measures Technical Advice PDF
425.6 KB
12/09/2016 2016/1140 Final advice on AIFMD passport Technical Advice PDF
621.95 KB

This version of the advice includes the following clarifications with respect to the assessment of the Isle of Man:

  • the Isle of Man underwent an assessment by the International Monetary Fund (IMF) in 2003 and 2009 as part of the Financial Sector Assessment Program (FSAP); and
  • the self-assessment carried out by the Isle of Man Financial Services Authority in 2013 was an assisted self-assessment.
17/05/2011 2011/144 Final advice- ESMA´s Technical Advice to the Commission on Fees for CRAs Technical Advice PDF
1.72 MB
16/11/2011 2011/379 Final report- ESMA's technical advice to the European Commission on possible implementing measures of the Alternative Investment Fund Managers Directive Technical Advice PDF
3.51 MB
16/02/2015 2015/227 Final Report- ESMA’s technical advice to the European Commission on the delegated acts of the Regulations on European Social Entrepreneurship Funds and European Venture Capital Funds Technical Advice PDF
609.09 KB
07/04/2020 ESMA22-106-2144 SMSG Summary of Conclusions 5 February 2020 Summary of Conclusions PDF
224.67 KB
29/06/2020 ESMA22-106-2598 SMSG Summary of Conclusions 6 May 2020 Summary of Conclusions PDF
170.4 KB
05/10/2020 ESMA22-106-2788 SMSG Summary of Conclusions 9 July 2020 , Summary of Conclusions PDF
158.28 KB
30/10/2015 2015/SMSG/022 SoC August 2015 Summary of Conclusions PDF
196.51 KB
13/09/2017 ESMA22-106-349 SoC Joint BoS and SMSG meeting 6 July 2017 Summary of Conclusions PDF
131.13 KB
30/10/2015 2015/SMSG/021 SoC Joint meeting SMSG-BoS Summary of Conclusions PDF
114.29 KB
13/09/2017 ESMA22-106-348 SoC SMSG meeting on 6-7 July 2017 Summary of Conclusions PDF
200.62 KB
30/10/2015 2015/SMSG/030 SoC SMSG September Summary of Conclusions PDF
164.91 KB
03/01/2019 ESMA22-106-1605 Summary of Conclusions BoS and SMSG meeting 8 November 2018 Summary of Conclusions PDF
255.71 KB
15/02/2017 ESMA22-247440098-122 Summary of Conclusions BoS SMSG meeting 10 November 2016 Summary of Conclusions PDF
137.19 KB
10/09/2019 ESMA22-106-1925 Summary of Conclusions Joint BoS and SMSG meeting 12 July 2019 , Summary of Conclusions PDF
95.54 KB