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18/07/2013 2013/998 Guidelines on the model MoU concerning consultation, cooperation and the exchange of information related to the supervision of AIFMD entities , Guidelines & Recommendations PDF
245.15 KB

ESMA finalises supervisory co-operation agreements for alternative investment funds The European Securities and Markets Authority (ESMA) has approved seven co-operation arrangements between EU securities regulators and their global counterparts with responsibility for the supervision of alternative investment funds, including hedge funds, private equity and real estate funds. ESMA’s Board of Supervisors, at its July meeting, approved Memoranda of Understanding (MoUs) with authorities from the Bahamas, Japan, Malaysia, Mexico and the United States, including the Commodity Futures Trading Commission (CFTC). ESMA has now negotiated 38 agreements on behalf of the 31 EU/EEA national competent authorities for securities markets supervision. The co-operation agreements allow for the exchange of information, cross-border on-site visits and mutual assistance in the enforcement of respective supervisory laws. ESMA had approved 31 MoUs with other non-EU regulators in May. The agreements cover third-country alternative investment fund managers (AIFMs) that market alternative investment funds (AIFs) in the EU and EU AIFMs that manage or market AIFs outside the EU. The agreements also cover co-operation in the cross-border supervision of depositaries and AIFMs’ delegates. National securities regulators in the EU, as the supervisors of AIFMs, are in the process of signing MoUs with those jurisdictions relevant to their market. The existence of co-operation arrangements between the EU and non-EU authorities is a precondition of the Alternative Investment Fund Managers Directive (AIFMD) for allowing managers from third countries access to EU markets or to perform fund management by delegation from EU managers by 22 July 2013. The co-operation arrangements are applicable from 22 July, and will enable cross-border marketing of AIFs to professional investors between jurisdictions. This is subject to the non-EU jurisdiction not being listed as a non-cooperative jurisdiction by the Financial Action Task Force and, as from the entry into force of the passport for non-EU managers, having co-operation agreements in place with EU Member States regarding the exchange of information on tax matters. The content of the ESMA MoUs follow the IOSCO Principles on Cross-Border Supervisory Co-operation of 2010, and complements the terms and conditions of the IOSCO Multilateral MoU Concerning Consultation and Co-operation and the Exchange of Information of 2002 (MMoU). ESMA had originally contacted all the authorities that have signed the IOSCO MMoU of 2002. ESMA has now approved MoUs with those 42 authorities that responded to ESMA’s call. ESMA continues to negotiate the MoU with the Chinese authority.   Memoranda of Understanding (MoUs) MoU with AFSA (Albania) MoU with ASIC (Australia) MoU with BMA (Bermuda) MoU with Canadian authorities  Accompanying letter MoU with CDVM (Morocco) MoU with CFTC (US) Accompanying letter MoU with CIMA (Cayman Islands) MoU with CMA (Kenya) MoU with CMSA (Tanzania) MoU with CNBV (Mexico) MoU with CVM (Brazil) MoU with DFSA (Dubai) MoU with FCSM (Mauritius) MoU with FINMA (Switzerland) MoU with FSA (Labuan) MoU with FSC (BVI) MoU with FSC (Guernsey) MoU with FSC (Isle of Man) MoU with FSC (Jersey) MoU with HKMA (Hong Kong) MoU with ISA (Israel) MoU with JFSA (Japan) MoU with MAFF (Japan) MoU with MAS (Singapore) MoU with METI (Japan) MoU with OCC and FED (US) MoU with OSFI (Canada) MoU with SC (Malaysia) MoU with SC (Republic of Srpska) MoU with SC (The Bahamas) MoU with SCA (UAE) MoU with SEBI (India) MoU with SEC (Montenegro) MoU with SEC (Pakistan) MoU with SEC (Thailand) MoU with SEC Macedonia (FYROM) MoU with SFC (Hong Kong) MoU with US SEC Accompanying letter   MoU with EFSA (Egypt)   MoU with FMA (New Zealand)   MoU with FSB (South Africa)   MoU with SSC (Vietnam)   MoU with FSC and FSS (South Korea)

18/07/2013 2013/992 ESMA finalises supervisory co-operation agreements for alternative investment , , Press Release PDF
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26/07/2013 OJ/16/07/2013 – PROC/2013/005 Data gathering and impact assessment on implementing measures for the Markets in Financial Instruments Directive and Regulation (Deadline for submission: 20/09/2013) CLOSED Procedure PDF
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Deadline for submission 2 September 20 September 2013 at 16:00 local time (Paris 12.00h, GMT + 1) (Updated) Corrigendum 2013/S 152-263733   Invitation letter Annex I Model Contract Contract notice Q&A List 1
19/08/2013 OJ/06/08/2013 Travel Agency Services (New deadline for submission: 30/09/2013) CLOSED Procedure PDF
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Tender specifications Invitation letter Annex I Model contract Contract notice 2013/S 158-275078 Annex VII Financial proposal Annex X Questionnaire of professional capacities Annex XI Technical proposal Annex XII Mission Guide (ESMA) Annex XIII Mission Guide (EIOPA) Annex XIV Hotels ceilings Annex XVI Quality feedback form Q&A List 1 Q&A List 2 eNotices Corrigendum-2013-122902–F14-EN
03/10/2013 2013/1355 ESMA 2014 Work Programme Reference PDF
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The European Securities and Markets Authority's (ESMA) 2014 Work Programme sets out ESMA’s planned activities and related budget for 2014.
16/10/2013 2013/LCC/039 ESMA Specific Privacy Notice – Public procurement , Reference PDF
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18/11/2013 OJ/06/11/2013-PROC/2013/007 Training services for ESMA (Deadline for submission: [UPDATED] new deadline 27/01/2014) CLOSED Procedure PDF
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Tender: Training services for ESMA New Deadline for submission: 27/01/2014 Invitation to tender (be updated deadline is 27/01/2014) Framework Service Contract with ESMA Contract notice Corrigendum – Change of Deadline Questions and Answers 1 Questions and Answers 2
25/11/2013 2013/1709 Review Panel Methodology Reference PDF
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09/12/2013 OJ/25/11/2013-PROC/2013/008 Economic and Financial Databases (Deadline for submission: [UPDATED] new deadline 20/02/2014) CLOSED Procedure PDF
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Tender: Economic and Financial Databases Tender Specifications (UPDATED DEADLINE and LOT 10 UPDATED) Annex I Draft Framework Service Contract with ESMA Contract notice Ref. 2013/S 236-409027 Invitation to tender (be updated deadline is 20/02/2014) Annex X Corrigendum – Change of Deadline Questions and Answers 1 Questions and Answers 2 Questions and Answers 3 – NEW INFO LOT 10 Questions and Answers 4 Draft Service Quality Plan
13/12/2013 2013/1928 Final annual accounts of ESMA for 2012 Reference PDF
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17/12/2013 OJ/05/12/2013-PROC/2013/009 Consultancy Services (Deadline for submission: [UPDATED] new deadline 20/02/2014) CLOSED Procedure PDF
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Consultancy – Invitation Letter (new deadline 20/02/2014) Tender Specifications (updated with track changes and new deadline) Consultancy Annex I Consultancy Annex VII Consultancy Annex X (updated with track changes) Consultancy Annex XII Consultancy Annex XIII (updated with track changes) Consultancy Questions and Answers 1 (Deadline updated) Consultancy Questions and Answers 2 (Deadline updated) Consultancy Questions and Answers 3 Consultancy Questions and Answers 4 Corrigendum to Contract Notice (Deadline Extension)
20/01/2014 2014/45 Production of ESMA’s 2013 Annual Report CLOSED Procedure PDF
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Description of required services / products ESMA is seeking a creative agency to produce its annual report for 2013 of approx. 100 pages. Description of Contract – Contract value and duration The production of EMSA’s annual report includes its layout, graphic design, printing and posting. The contract period is from February to June 2014. Companies are asked to state a total fixed price in Euro. Prices quoted must be exclusive of all taxes (ex-cluding VAT), shall be firm and not subject to revision. The total fixed price must include professional fees, travel and any subsistence costs. The indicative total budget for this assignment is: € 20,000 – 30,000. Selection criteria - Conditions for participation ESMA seeks an experienced graphic design company to layout and produce its ESMA’s annual 2013 re-port. The company should: be a communications/graphic design agency with a good knowledge in conceiving, designing and managing the production of (printed) reports; have proven experience in producing annual reports (ideally incl. for the public sector); be able to provide a project team that can communicate and review text in English; be physically available for at least two face-to-face meetings in Paris during the planning phase and if necessary further meetings during the production of the annual report; be able to react quickly and provide on-going support (via phone and/ or e-mail) throughout the project. How to obtain the full Invitation to Tender Should you be interested in participating in this tender, please request the full tender documentation by sending an e-mail with the tender reference to: Sabrina.Bellaouel@esma.europa.eu Date: 20 January 2014 ESMA/2014/45
04/02/2014 2014/140 ESMA budget for 2014 Reference PDF
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12/02/2014 2014/172 rev 1 2014 Regulatory Work Programme Reference PDF
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14/02/2014 PROC/2014/003 Market Abuse Regulation technical standards data gathering and cost analysis (Deadline for submission: 21/02/2014) CLOSED Procedure PDF
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Low Value Negotiated Tender  
18/02/2014 PROC/2014/002 Logistics Outsourcing Services (Deadline for submission: 01/04/2014) CLOSED Procedure PDF
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Invitation Letter Tender Specifications Outsourcing Logistics Services Annex I Outsourcing Logistics Servicesproc Annex VII Questions and Answers I
27/03/2014 2014/332 Structured Retail Products- Good practices for product governance arrangements , Opinion PDF
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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.
27/03/2014 2014/334 ESMA issues good practices for structured retail product governance , Press Release PDF
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The European Securities and Markets Authority (ESMA) has published an opinion on structured retail products, setting out good practices for firms when manufacturing and distributing these products.
07/05/2014 PROC/2014/004 Recycling services and Waste Management in ESMA premises [Deadline 22 May 2014] CLOSED Procedure PDF
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Description of required services / products: Work package 1: Supply of appropriate bins dedicated to the selective sorting. Work package 2: Collection and treatment of plastic, cans, toners, cartridges and destruction of confidential documents. Work package 3: Collection and treatment /destruction of electronical and IT devices and furniture. Description of contract – contract value and duration: 60 000 Euros maximum for the implementation of 4 years Framework Contract. How to obtain the full invitation to tender: Please request the full documentation by sending an e-mail with the tender reference number to: procurement@esma.europa.eu before: 22/05/2014
05/06/2014 2014/608 MMoU on Cooperation Arrangements and Exchange of Information , Reference PDF
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The European Securities and Markets Authority (ESMA) has published the text of a new multilateral memorandum of understanding (MMoU) between EEA national competent authorities, and between national competent authorities and ESMA which entered into force on 29 May 2014. It has been signed by 33 authorities in the securities and markets area. The new MMoU was agreed in view of the increasing internationalisation, harmonisation and interdependence of financial services and markets in the European Union. It is designed to facilitate cooperation arrangements and the exchange of information between national competent authorities, and between national competent authorities and ESMA, in the application of their responsibilities under Union law relating to the securities and markets area. It also updates and replaces a previous agreement on the Exchange of Information and Surveillance of Securities Activities agreed by the members of the Committee of European Securities Regulators (formerly the Forum of European Securities Commissions) entered into by those members on 26 January 1999. List of Signatories to MMoU on Cooperation Arrangements and Exchange of Information