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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
01/07/2019 ESMA-35-43-1998 ESMA opinion under Article 43(2) MiFIR (SE_BO) Opinion PDF
98.9 KB
02/07/2019 ESMA-35-43-1999 ESMA opinion under Article 43(2) MiFIR (SE_CFD) Opinion PDF
99.46 KB
27/08/2019 ESMA-35-43-2062 ESMA opinion under Article 43(2) MiFIR (SI_BO) Opinion PDF
100.66 KB
27/08/2019 ESMA-35-43-2063 ESMA opinion under Article 43(2) MiFIR (SI_CFD) Opinion PDF
100.96 KB
12/06/2019 ESMA-35-43-1950 ESMA opinion under Article 43(2) MiFIR (SK_BO) Opinion PDF
98 KB
02/07/2019 ESMA-35-43-1961 ESMA opinion under Article 43(2) MiFIR (UK_CFD) Opinion PDF
129.88 KB
30/07/2015 2015/1235 ESMA's opinion to the European Parliament, Council and Commission and responses to the call for evidence on the functioning of the AIFMD EU passport and of the National Private Placement Regimes Opinion PDF
886.86 KB
AIFMD and the request to ESMA for an Opinion In accordance with Articles 36 and 42 of the AIFMD, non-EU AIFMs and non-EU AIFs managed by EU AIFMs are subject to the 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 the following: An opinion on the functioning of the passport for EU AIFMs pursuant to Articles 32 and 33 of the AIFMD and on the functioning of the national private placement regimes set out in Articles 36 and 42 of the AIFMD. Advice on the application of the passport to non-EU AIFMs and AIFs in accordance with the rules set out in Article 35 and Articles 37 to 41 of the AIFMD. Within three months of receipt of positive advice and an opinion from ESMA, and taking into account the criteria of Article 67(2) and the objectives of the AIFMD, the Commission should adopt a delegated act specifying the date when the rules set out in Article 35 and 37 to 41 of the AIFMD become applicable in all Member States. As a consequence, the EU passport would be extended to non-EU AIFs and non-EU AIFMs. In order to produce this opinion and advice, ESMA must look into the elements listed in Article 67(2) and (4) of the AIFMD , notably on the basis of the information provided by the national competent authorities (NCAs) about the EU and non-EU AIFMs under their supervision. Indeed, Article 67(3) of the AIFMD requires NCAs to provide information to ESMA quarterly as from 22 July 2013. ESMA has received input from NCAs for the periods covering 22 July 2013 to 31 March 2014, 1 April to 30 June 2014, 1 July to 30 September 2014, 1 October to 31 December 2014, and 1 January to 31 March 2015. In order to supplement the input provided by NCAs via the quarterly surveys, ESMA launched a call for evidence in November 2014 aimed at gathering information from EU and non-EU stakeholders on the functioning of the EU passport, the NPPRs and the potential extension of the AIFMD passport to non-EU countries. ESMA received 67 responses (including 15 confidential responses), from 13 non-EU Authorities, 21 EU and non-EU trade associations of asset managers, 17 EU and non-EU asset managers, and 16 other trade associations and private firms (e.g. providers of services for funds, law firms etc). Summary of the opinion In relation to the timing of the assessment of the functioning of the EU passport, ESMA considers that the delay in the implementation of the AIFMD together with the delay in the transposition in some Member States make a definitive assessment difficult. ESMA would see merit in the preparation of another opinion on the functioning of the passport after a longer period of implementation in all Member States. However, even at this early stage, ESMA has identified several issues in relation to the use of the EU passport. These issues include: i) divergent approaches with respect to marketing rules, including heterogeneity of fees charged by the NCAs where the AIFs are marketed and the definition of what constitutes a “professional investor”; ii) varying interpretations of what activities constitute “marketing” and “material changes” under the AIFMD passport in the different Member States. With that in mind, ESMA sees merit in greater convergence in the definition of these terms. Nevertheless, ESMA is of the view that there is insufficient evidence to indicate that the AIFMD EU passport has raised major issues in terms of the functioning and implementation of the AIFMD framework. In relation to the timing of the assessment of the functioning of the NPPRs, ESMA considers that the delay in the implementation of the AIFMD together with the delay in transposition in some Member states make a definitive assessment difficult. ESMA would see merit in the preparation of another opinion on the functioning of the NPPR Regime after a longer period of implementation has passed in all Member States (although this is linked to the decision to be taken by the European Parliament, the Council and the Commission on whether to extend the passport to one or more non-EU countries in the meantime). ESMA is of the view that there is insufficient evidence to indicate that the NPPRs have raised major issues in terms of the functioning and implementation of the AIFMD framework.
31/05/2017 ESMA42-110-433 General Principles to support supervisory convergence in the context of the UK withdrawing from the EU , 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.

24/10/2017 ESMA70-155-2270 MiFID II position limits London cocoa contracts Opinion PDF
124.05 KB
24/10/2017 ESMA-70-155-1818 MiFID II position limits on aluminium contracts Opinion PDF
130.07 KB
24/10/2017 ESMA70-155-1822 MiFID II position limits on copper products Opinion PDF
128.82 KB
24/10/2017 ESMA70-155-2288 MiFID II position limits on ICE white sugar contracts Opinion PDF
122.88 KB
24/10/2017 ESMA70-155-1826 MiFID II position limits on lead contracts Opinion PDF
128.95 KB
24/10/2017 ESMA70-155-1830 MiFID II position limits on nickel contracts Opinion PDF
130.34 KB
24/10/2017 ESMA70-155-2274 MiFID II position limits on Robusta coffee contracts Opinion PDF
138.74 KB
24/10/2017 ESMA70-155-183 MiFID II position limits on tin contracts Opinion PDF
126.6 KB
24/10/2017 ESMA70-155-1834 MiFID II position limits on zinc contracts Opinion PDF
129.7 KB
07/02/2014 2014/146 MiFID practices for firms selling complex products , Opinion PDF
122.37 KB
20/11/2012 2012/721 Opinion on Article 50(2)(a) of the UCITS Directive Opinion PDF
81.31 KB
20/07/2017 ESMA34-45-277 Opinion on asset segregation and custody services Opinion PDF
604.81 KB