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Date Ref. Title Section Type Download Info Summary Related Documents Translated versions
13/04/2016 2016/592-594 Opinions on Pension Schemes Exemptions Post Trading Opinion PDF
273.73 KB
29/05/2007 07-320 Q&A on Best Execution CESR Archive Q&A PDF
578.51 KB
28/02/2022 ESMA70-1861941480-52 Q&A on EMIR implementation Post Trading, Trade Repositories Q&A PDF
1.46 MB
29/04/2016 2016/665 Q&A on ESMA’s EU-wide stress tests for CCPs Post Trading Q&A PDF
269.98 KB
23/06/2022 ESMA70-145-114 Q&A on the Benchmarks Regulation (BMR) Benchmarks, Supervisory convergence Q&A PDF
568.37 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
20/05/2022 ESMA70-156-4448 Q&As- Central Securities Depositories Regulation Post Trading, Supervisory convergence Q&A PDF
647.98 KB
28/01/2022 ESMA74-362-893 QAs on SFTR data reporting Post Trading, Securities Financing Transactions, Trade Repositories Q&A PDF
398.17 KB
19/04/2010 10-293 Question and Answers- Understanding the definition of advice under MiFID CESR Archive Q&A PDF
335.78 KB
02/02/2018 ESMA70-151-1179 Questions and Answers ESMA CCP Stress Test Post Trading Q&A PDF
694.47 KB
06/05/2010 10-591 Questions and answers on MiFID: Common positions agreed by CESR Members in the area of the Secondary Markets Standing Committee CESR Archive Q&A PDF
130.84 KB
03/11/2009 09-559 Questions and Answers- MiFID complex and non complex financial instruments for the purposes of the Directive’s appropriateness requirements CESR Archive Q&A PDF
405.18 KB
15/03/2013 2013/312 Regulatory technical standards on colleges for central counterparties supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 Post Trading Opinion PDF
151.67 KB
09/03/2015 2015/511 Revised opinion on draft RTS on the clearing obligation on interest rate swaps Post Trading Opinion PDF
336.52 KB
31/10/2018 ESMA22-106-1296 SMSG Opinion on EC request to ESAs on cost and performance of retail investment, insurance and pension products Securities and Markets Stakeholder Group Opinion PDF
152.91 KB
28/10/2019 ESMA22-106-1990 SMSG Opinion on ESMA's Report on performance and cost of retail investment products Securities and Markets Stakeholder Group Opinion PDF
148.41 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
28/05/2014 2014/576 Voting Procedures for CCP colleges under EMIR Post Trading Opinion PDF
94.15 KB

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