ESMA LIBRARY
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| Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions |
|---|---|---|---|---|---|---|---|---|---|
| 20/06/2012 | 2012/378 | Operation of notifications of MiFID Article 41 suspensions and removals of financial instruments from trading | MiFID - Secondary Markets | Reference | PDF 353.3 KB |
This protocol has been created to ensure effective co-operation between Competent Authorities (CAs) with respect to their obligations under Article 41 of MiFID (Suspension and removal of in-struments from trading).The purpose of the notification obligations under Article 41 is to afford investors across all Mem-ber States the same level of protection regardless of where they trade. In order to achieve this outcome, a shared understanding of the different circumstances under which trading may be suspended in different Member States according to their national law and the expected course of action under Article 41 is helpful. To ensure trading is suspended or an instrument is removed from trading in an effective and timely way, an effective communication process is necessary.The protocol will be kept under review in light of practical experience. | |||
| 25/07/2012 | 2012/478 | ESMA MiFID database- description of webservice | MiFID - Secondary Markets | Reference | PDF 123.71 KB |
This document provides useful information for developers wanting to use the webservice provided in ESMA's MIFID databases. | |||
| 01/08/2012 | 2012/490 | Call for expressions of interest in ESMA's Consultative Working Group on Investor Protection and Intermediaries Standing Committee | MiFID - Investor Protection | Reference | PDF 130.34 KB |
The deadline for responses to this call for interest has been extended two weeks, to 14 September 2012. | |||
| 19/10/2012 | 2012/682 | Guide to investing | MiFID - Investor Protection, Warnings and publications for investors | Reference | PDF 569.39 KB |
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| 19/12/2012 | 2012/850 | MiFID supervisory briefing- Suitability | MiFID - Investor Protection | Reference | PDF 238 KB |
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| 02/12/2013 | 2013/1792 | Call for expressions of interest regarding the establishment of the Consultative Working Group of the ESMA Market Data Reporting Working Group | MiFID - Secondary Markets | Reference | PDF 98.24 KB |
Deadline for applications is 3 January 2014. | |||
| 10/11/2016 | 2013/68c | Protocol on the operation of ESMA MiFID Database final | MiFID - Investor Protection, MiFID - Secondary Markets | Reference | PDF 333.11 KB |
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| 06/11/2014 | 2014/1334 | MiFID database- Contact emails of national competent authorities for market participants [updated] | MiFID - Secondary Markets | Reference | PDF 138.29 KB |
ESMA has established a list of national contacts, to which questions pertaining to the content of specific entries should be sent. Please use this list to contact the relevant competent authority if you a have a query regarding shares which have been included in or ex-cluded from the list, the calculations for a specific entry or its status as liquid/not liquid. |
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| 07/02/2014 | 2014/146 | MiFID practices for firms selling complex products | MiFID - Investor Protection, Warnings and publications for investors | Opinion | PDF 122.37 KB |
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| 19/12/2014 | 2014/1569 Annex | Annex to Technical Advice on MiFID II and MiFIR- investor protection topics | MiFID - Investor Protection | Reference | PDF 962.39 KB |
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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. | |||
| 18/06/2014 | 2014/639 | Call for expressions of interest regarding the renewal of the Consultative Working Group of the ESMA Secondary Markets Standing Committee | MiFID - Secondary Markets | Reference | PDF 131.06 KB |
The European Securities and Markets Authority (ESMA) is looking to newly constitute a Consultative Working Group (CWG) for the ESMA Secondary Markets Standing Committee (SMSC) as the two-year-term of the existing CWG has recently expired. ESMA is therefore calling for expressions of interest from stakeholders to become a member of the CWG by 13 July 2014. The application form should be accompanied by a CV. The model European CV is recommended.It is optional for applicants, though recommended, to attach a letter of motivation. | |||
| 31/08/2015 | 2015/1301 reply form | Reply form to the Consultation on Draft implementing technical standards under MiFID II | MiFID - Secondary Markets | Reference | DOCX 782.52 KB |
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| 28/09/2015 | 2015/1468 | Trading venue briefing | MiFID - Secondary Markets, Press Releases | Reference | PDF 304.63 KB |
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| 28/09/2015 | 2015/1469 | 2015-1469- Investment Firms briefing | MiFID - Secondary Markets, Press Releases | Reference | PDF 314.38 KB |
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| 28/09/2015 | 2015/1470 | 2015-1470- Non-financials briefing | MiFID - Secondary Markets, Press Releases | Reference | PDF 307.12 KB |
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| 17/11/2015 | 2015/1514 | Note on MiFID-MiFIR implementation delays | MiFID - Investor Protection, MiFID - Secondary Markets | Reference | PDF 131.7 KB |
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| 23/12/2015 | 2015/1909R | form_to_reply_cp_tr_ork_cs | MiFID - Secondary Markets | Reference | DOCX 784.54 KB |
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| 23/12/2015 | 2015/1911 | Annex III- Draft ISO 20022 message specification | MiFID - Secondary Markets | Reference | ZIP 1.13 MB |
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| 23/03/2015 | 2015/615 | Call for interest IPISC-CWG renewal | MiFID - Investor Protection | Reference | PDF 187.49 KB |
ESMA is today launching the process to renew the composition of the IPISC CWG. ESMA is therefore calling for expressions of interest from stakeholders. Application procedure, closing date Relevant stakeholders meeting the required selection criteria and wishing to apply for a position on the CWG are invited to submit, in English:. A completed application form (see separate document), and. A detailed curriculum vitae (CV), preferably in the EU CV format. It is optional for applicants to attach a motivation letter (2 pages maximum).. Unclear or incomplete applications will not be considered.. Applications must be submitted by email no later than 23 April 2015 to the following email addresses: IPISC.CWG.renewal2015@esma.europa.eu |