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Type of document
|Date||Ref.||Title||Section||Type||Download||Info||Summary||Related Documents||Translated versions|
|07/04/2016||2016/584||Suitability Peer Review- Final Report||MiFID - Investor Protection, Supervisory convergence||Final Report||PDF
|07/04/2016||JC/2016/21||Final Draft RTS PRIIPs KID Report||Fund Management, Joint Committee||Final Report||PDF
|04/04/2016||2016/461||Final report on temporary exemption for ETDs under MiFID II||MiFID - Secondary Markets||Final Report||PDF
|22/12/2015||2015/1861||Final report- Guidelines on cross-selling practices||MiFID - Investor Protection||Final Report||PDF
|17/12/2015||2015/1886||Final report on guidelines for the assessment of knowledge and competence||MiFID - Investor Protection||Final Report||PDF
Reasons for publication
1. Article 25(1) of Directive 2014/65/EU (MiFID II) states that Member States shall require investment firms to ensure and demonstrate to competent authorities on request that natural persons giving investment advice or providing information about financial instruments, investment services or ancillary services to clients on behalf of the investment firm possess the necessary knowledge and competence to fulfil their obligations under Article 24 and Article 25 .
2. The European Securities and Markets Authority is required by Article 25(9) of MiFID II to develop – by 3 January 2016 - guidelines specifying criteria for the assessment of knowledge and competence of investment firms’ personnel. The guidelines will come into effect on 3 January 2017.
3. In accordance with Article 16(2) of the ESMA Regulation, a consultation was launched on 23 April 2015. The Consultation Paper (CP) set out draft ESMA guidelines for the assessment of knowledge and competence of individuals in investment firms providing investment advice or information about financial instruments, investment services or ancillary services to clients on behalf of the investment firm. The consultation period closed on 10 July 2015.
4. ESMA received 80 responses. The answers received on the CP are available on ESMA’s website unless respondents requested otherwise.
5. As provided by Article 16 of the ESMA Regulation, ESMA also sought the advice of the Securities and Markets Stakeholder Group’s (SMSG).
6. This paper contains summaries of responses received and feedback statements provided by ESMA. ESMA recommends that this report should be read together with the CP published on 23 April 2015 to have a complete understanding of the rationale for the guidelines. The final guidelines presented in Annex VI take into account the comments and suggestions raised by respondents.
7. Section II briefly summarises the feedback to the CP and the main responses from ESMA.
8. Section III contains the Annexes: Annex I provides the Summary of questions, Annex II contains the legislative mandate, Annex III reports the cost-benefit analysis, Annex IV reports the Opinion of the Securities and Markets Stakeholder Group, Annex V details the feedback on the CP, Annex VI sets out the final text of the guidelines and Annex VII describes some illustrative examples of the application of certain aspects of the guidelines.
9. The final guidelines in Annex VI will be translated into the official EU languages and published on the ESMA website. The publication of the translations will trigger a two-month period during which National Competent Authorities (NCAs) must notify ESMA whether they comply or intend to comply with the guidelines.
|11/12/2015||2015/1858||Final Report- Draft ITS under MiFID II||MiFID - Secondary Markets||Final Report||PDF
|30/11/2015||2015/1783||Final Report on complex debt instruments and structured deposits||MiFID - Investor Protection||Final Report||PDF
|10/11/2015||2015/1639||Steven Maijoor at Economic and Monetary Affairs Committee, European Parliament, Scrutiny Hearing on MiFID II||MiFID - Investor Protection, Speeches||Speech||PDF
|13/10/2015||2015/1535||Opening Statement- Steven Maijoor to ECON Scrutiny Hearing on AIFMD Passport||Fund Management||Speech||PDF
|28/09/2015||2015-ESMA-1464 Annex II||Annex II- CBA- draft RTS and ITS on MiFID II and MiFIR||MiFID - Secondary Markets||Final Report||PDF
|14/09/2015||JC 2015 056||Statement by Steven Maijoor Chair ESAs Joint Committee- ECON Scrutiny session on PRIIPs 14 September 2015||Speeches, Fund Management||Speech||PDF
|01/06/2015||2015/904||The Capital Markets Union, Asset Management and Stability||Fund Management, Speeches||Speech||PDF
|Steven Maijoor delivered a speech at the 26th Annual Conference of the International Bar Association on the Globalisation of Investment Funds.|
|06/05/2015||2015/675||Guidelines on the application of the definitions in Sections C6 and C7 of Annex I of Directive 2004/39/EC (MiFID)||Guidelines and Technical standards, MiFID - Secondary Markets||Guidelines & Recommendations||PDF
|24/03/2015||2015/620||MIFID/MIFIR- CSD hearing before ECON||MiFID - Secondary Markets, Speeches||Speech||PDF
|26/02/2015||2015/496||MiFID II – Switching on the light without turning-off the tap- Verena Ross, Executive Director, ESMA||MiFID - Secondary Markets, Speeches||Speech||PDF
|Verena Ross, Executive Director of ESMA, delivered the keynote speech at the ABA/Law Society Capital Markets Conference 2015 in London on MiFID II which focused on transparency and liquidity issues.|
|25/02/2015||2015/494||Best Execution under MiFID||MiFID - Investor Protection, Supervisory convergence||Final Report||PDF
|The European Securities and Markets Authority (ESMA) has conducted a peer review on how national regulators (national competent authorities or NCAs) supervise and enforce the MiFID provisions relating to investment firms’ obligation to provide best execution, or obtain the best possible result, for their clients when executing their orders. ESMA found that the level of implementation of best execution provisions, as well as the level of convergence of supervisory practices by NCAs, is relatively low. In order to address this situation a number of improvements were identified, including: • prioritisation of best execution as a key conduct of business supervisory issue; • the allocation of sufficient resources to best execution supervision; and • a more proactive supervisory approach to monitoring compliance with best execution requirements, both desk-based and onsite inspections. The review was conducted on the basis of information provided by 29 NCAs and complemented by on-site visits to the NCAs of France, Liechtenstein, Luxembourg, Malta, Poland and Spain.|
|22/08/2014||2014/1103||Review of the CESR guidelines on a Common Definition of European Money Market Funds||Guidelines and Technical standards, Fund Management||Guidelines & Recommendations||PDF
|The European Securities and Markets Authority (ESMA) published today its opinion on how national competent authorities should apply the modifications to the CESR guidelines on money market funds set out in the report on Mechanistic Reference to Credit Ratings in the ESA’s Guidelines and Recommendations (JC 2014 004) issued by the Joint Committee of the three ESAs, when monitoring the application of the CESR guidelines by the relevant financial market participants. The Joint Committee report was published on 6 February 2014, setting out the manner in which the CESR guidelines were to be amended, in particular with respect to the assessment of credit quality of money market instruments by managers of Short-Term Money Market Funds (ST MMFs) and Money Market Funds (MMFs).|
|08/08/2014||2014/869||Guidelines on reporting obligations under Articles 3(3)(d) and 24(1), (2) and (4) of the AIFMD||Guidelines and Technical standards, Fund Management||Guidelines & Recommendations||PDF
|01/08/2014||2014/937 sv||Riktlinjer om börshandlade fonder och andra frågor som rör fondföretag||Guidelines and Technical standards, Fund Management||Guidelines & Recommendations||PDF
|01/08/2014||2014/937 es||Directrices sobre fondos cotizados (ETF) y otras cuestiones relativas a los OICVM||Guidelines and Technical standards, Fund Management||Guidelines & Recommendations||PDF