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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
31/05/2016 2016/774 Q&A on the Application of the EuSEF and EuVECA Regulations Fund Management Q&A PDF
212.93 KB
20/05/2022 ESMA34-43-392 Q&A on the application of the UCITS Directive Fund Management Q&A PDF
749.77 KB
31/03/2017 ESMA35-36-794 Q&A Relating to the provision of CFDs and other speculative products to retail investors under MiFID MiFID - Investor Protection Q&A PDF
948.76 KB
19/11/2021 ESMA35-43-349 Q&As on MiFID II and MiFIR investor protection topics MiFID - Investor Protection, Supervisory convergence Q&A PDF
1023.15 KB
19/11/2021 ESMA33-128-563 Questions and answers on the Securitisation Regulation Securitisation Q&A PDF
1.39 MB
21/11/2016 2016/1586 Questions and Answers on UCITS Directive Fund Management Q&A PDF
454.07 KB
21/02/2012 2012/113 Questions and Answers- A Common Definition of European Money Market Funds- updated February 2012 Fund Management Q&A PDF
83.79 KB		 The purpose of this document is to promote common supervisory approaches and practices in the application of the guidelines on a Common Definition of European Money Market Funds developed by CESR by providing responses to questions posed by the general public and competent authorities. The content of this document is aimed at competent authorities to ensure that in their supervisory activities their actions are converging along the lines of the responses adopted by ESMA. However, the answers are also intended to help management companies by providing clarity as to the content of CESR’s guidelines on a Common Definition of European Money Market Funds, rather than creating an extra layer of requirements.
01/07/2015 2015/1005 Questions and Answers: Investment-based crowdfunding: money laundering/terrorist financing Innovation and Products Q&A PDF
157.73 KB
25/05/2022 Joint Committee SFDR Q&As Questions related to Regulation (EU) 2019/2088 on SFDR Joint Committee, Sustainable finance Q&A PDF
794.9 KB
13/05/2022 JC 2022 26 SFDR queries forwarded to the Commission Joint Committee, Sustainable finance Q&A PDF
132.33 KB
18/02/2016 2015/SMSG/036 SMSG Advice on ESEF European Single Electronic Format, Securities and Markets Stakeholder Group SMSG Advice PDF
109.63 KB
15/09/2020 ESMA22-106-2858 SMSG advice on ESG disclosure Securities and Markets Stakeholder Group, Sustainable finance SMSG Advice PDF
251.29 KB
13/11/2020 ESMA22-106-2993 SMSG advice on Sustainability Templates Securities and Markets Stakeholder Group, Sustainable finance SMSG Advice PDF
184.15 KB
17/05/2021 ESMA22-106-3375 SMSG advice to the ESA’s Joint Consultation Paper on Taxonomy-related sustainability disclosures Securities and Markets Stakeholder Group, Sustainable finance SMSG Advice PDF
227.92 KB
04/05/2022 ESMA22-106-4032 SMSG advice to the ESMA Consultation Paper on Guidelines on certain aspects of the MiFID II suitability requirements MiFID - Investor Protection, Securities and Markets Stakeholder Group SMSG Advice PDF
274.55 KB
07/01/2022 ESMA22-106-3809 SMSG response to ESAs on their joint Call for evidence on the European Commission mandate regarding the PRIIPs Regulation Fund Management, Joint Committee, Securities and Markets Stakeholder Group SMSG Advice PDF
325.26 KB
04/01/2022 ESMA22-106-3800 SMSG response to ESMA on its Call for evidence on the EC mandate on certain aspects relating to retail investor protection MiFID - Investor Protection, Securities and Markets Stakeholder Group SMSG Advice PDF
374.84 KB
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.
09/11/2018 ESMA35-36-1262 Technical Q&As on product intervention measures on CFDs and binary options MiFID - Investor Protection Q&A PDF
147.84 KB

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