ESMA LIBRARY
REFINE YOUR SEARCH
Sections
- (-) Remove Market Integrity filter Market Integrity
- (-) Remove Short Selling filter Short Selling
- (-) Remove CESR Archive filter CESR Archive
- (-) Remove Innovation and Products filter Innovation and Products
- (-) Remove Joint Committee filter Joint Committee
- (-) Remove Board of Supervisors filter Board of Supervisors
- MiFID - Secondary Markets (89) Apply MiFID - Secondary Markets filter
- Procurement (73) Apply Procurement filter
- MiFID - Investor Protection (64) Apply MiFID - Investor Protection filter
- Post Trading (33) Apply Post Trading filter
- Fund Management (16) Apply Fund Management filter
- COVID-19 (12) Apply COVID-19 filter
- Credit Rating Agencies (12) Apply Credit Rating Agencies filter
- Market Abuse (9) Apply Market Abuse filter
- Corporate Disclosure (7) Apply Corporate Disclosure filter
- Prospectus (6) Apply Prospectus filter
- Supervisory convergence (5) Apply Supervisory convergence filter
- Brexit (4) Apply Brexit filter
- Securitisation (4) Apply Securitisation filter
- Corporate Information (3) Apply Corporate Information filter
- Benchmarks (2) Apply Benchmarks filter
- Securities and Markets Stakeholder Group (2) Apply Securities and Markets Stakeholder Group filter
- Trading (2) Apply Trading filter
- IFRS Supervisory Convergence (1) Apply IFRS Supervisory Convergence filter
- Warnings and publications for investors (1) Apply Warnings and publications for investors filter
Type of document
- (-) Remove Opinion filter Opinion
- (-) Remove CLOSED Procedure filter CLOSED Procedure
- (-) Remove Technical Advice filter Technical Advice
- Guidelines & Recommendations (570) Apply Guidelines & Recommendations filter
- Final Report (338) Apply Final Report filter
- Press Release (326) Apply Press Release filter
- Reference (298) Apply Reference filter
- Consultation Paper (228) Apply Consultation Paper filter
- Speech (196) Apply Speech filter
- Letter (116) Apply Letter filter
- CESR Document (110) Apply CESR Document filter
- Summary of Conclusions (98) Apply Summary of Conclusions filter
- Statement (58) Apply Statement filter
- Compliance table (44) Apply Compliance table filter
- Report (39) Apply Report filter
- Decision (31) Apply Decision filter
- Annual Report (27) Apply Annual Report filter
- Q&A (18) Apply Q&A filter
- SMSG Advice (4) Apply SMSG Advice filter
- Technical Standards (3) Apply Technical Standards filter
- Investor Warning (2) Apply Investor Warning filter
Date | Ref. | Title | Section | Type | Download | Info | Summary | Related Documents | Translated versions | |
---|---|---|---|---|---|---|---|---|---|---|
01/10/2010 | 10-320 | Tender for the development, support and maintenance of the website of ESMA | CESR Archive | CLOSED Procedure | ZIP 4.27 MB |
|||||
01/10/2010 | 10-1143 | Tender for the Creation of a Logo and Graphical elements for European Securities and Markets Authority | CESR Archive | CLOSED Procedure | PDF 208.11 KB |
|||||
09/06/2010 | 10-333 | Technical Advice- The Equivalence between the Japanese Regulatory and Supervisory Framework and the EU Regulatory Regime for Credit Rating Agencies | CESR Archive, Credit Rating Agencies | Technical Advice | PDF 4.59 MB |
|||||
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. | ||||
08/10/2010 | 10-1264a | Règlement de la consultation- PRESTATIONS DE MISSION DE MAITRISE D’OEUVRE POUR L’AGENCEMENT DES NOUVEAUX LOCAUX DU CESR | CESR Archive | CLOSED Procedure | PDF 443.87 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 |
|||||
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. | ||||
02/05/2022 | ESMA70-449-497 | Opinion RTS liquidity contracts for SME Growth Market issuers | Market Integrity, MiFID - Investor Protection, MiFID - Secondary Markets, Trading | Opinion | PDF 849.59 KB |
|||||
27/09/2017 | ESMA70-145-171 | Opinion on the intended accepted market practice on liquidity contracts notified by the CMVM | Market Integrity | Opinion | PDF 364.69 KB |
Link to the revised template describing the Portuguese AMP as established by a decision of the Portuguese CMVM of 9 November 2017 and published in accordance with Article 2 (3) of Commission Delegated Regulation (EU) 2016/908: https://www.esma.europa.eu/sites/default/files/cmvm_annex_-_amp_on_liquidity_contracts.pdf |
||||
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 |
|||||
16/12/2016 | 2016/1663 | Opinion on intended accepted market practice on liquidity contracts by the CNMV | Market Integrity | Opinion | PDF 6.43 MB |
Link to the revised template describing the Spanish AMP as established through a Circular and published by the CNMV in accordance with Article 2 (3) of Commission Delegated Regulation (EU) 2016/908: https://www.esma.europa.eu/sites/default/files/cnmv_amp_-_revised_template_post_circular.pdf.
|
||||
19/03/2020 | ESMA70-155-9587 | Opinion on HCMC emergency measure under the SSR | COVID-19, Market Integrity, Short Selling | Opinion | PDF 260.22 KB |
|||||
15/04/2020 | ESMA70-155-9853 | Opinion on HCMC emergency measure under the SSR | COVID-19, Market Integrity, Short Selling | Opinion | PDF 308.38 KB |
|||||
19/03/2020 | ESMA70-155-9590 | Opinion on FSMA emergency measure under the SSR | COVID-19, Market Integrity, Short Selling | Opinion | PDF 260.27 KB |
|||||
15/04/2020 | ESMA70-155-9833 | Opinion on FSMA emergency measure under the SSR | COVID-19, Market Integrity, Short Selling | Opinion | PDF 306.36 KB |
|||||
24/03/2020 | ESMA70-155-9604 | Opinion on FMA emergency measure under the SSR | COVID-19, Market Integrity, Short Selling | Opinion | PDF 265.61 KB |
|||||
15/04/2020 | ESMA70-155-9848 | Opinion on FMA emergency measure under the SSR | COVID-19, Market Integrity, Short Selling | Opinion | PDF 432.15 KB |
|||||
09/11/2015 | 2015/1638 | Opinion on emergency measure by the Greek HCMC under short selling regulation | Short Selling | Opinion | PDF 136.05 KB |
|||||
21/12/2015 | 2015/1900 | Opinion on emergency measure by the Greek HCMC under short selling regulation | Short Selling | Opinion | PDF 61.57 KB |
|||||
06/07/2016 | 2016/1078 | Opinion on CONSOB emergency measure under the Short Selling Regulation | Market Integrity, Short Selling | Opinion | PDF 158.94 KB |
In accordance with Article 44(1) of Regulation (EC) No 1095/2010 the Board of Supervisors has adopted the following opinion:
According to Article 27(2) of Regulation (EU) No 236/2012 of the European Parliament and of the Council of 14 March 2012 on short selling and certain aspects of credit default swaps[1], the European Securities and Markets Authority (ESMA) shall within 24 hours of the notification made by a competent authority under Article 26 of that Regulation, issue an opinion on whether it considers the measure or proposed measure is necessary to address the exceptional circumstances.
This opinion will be published on ESMA’s website. Done at Paris, 6 July 2016 [1] OJ L 86, 24.3.2012, p. 1–24. |