EU · MiFIR · TITLE VII SUPERVISORY MEASURES ON PRODUCT INTERVENTION AND POSITIONS · CHAPTER 1 Product monitoring and intervention
Article 43 MiFIRCoordination by ESMA and EBA
ESMA (or EBA for structured deposits) coordinates national product intervention measures under Article 42, issuing a published opinion on whether each notified measure is justified and proportionate and whether other authorities should act; an authority acting or refusing to act contrary to that opinion must publish its reasons immediately.
Level 3: ESMA Q&As, guidelines and opinions
- OpinionPublishedESMA rulebook
AI summaryESMA opinion of 23 May 2019 under Article 43(2) MiFIR on the Spanish CNMV's national ban on binary options for retail clients, finding it justified and proportionate and calling on other national authorities to adopt measures at least as stringent as ESMA's temporary ban.
- OpinionPublishedESMA rulebook
AI summaryESMA opinion of 13 June 2019 under Article 43(2) MiFIR on CONSOB's national ban on binary options for retail clients in Italy, finding it justified and proportionate and calling on other national authorities to adopt measures at least as stringent as ESMA's temporary ban.
- OpinionPublishedESMA rulebook
AI summaryESMA opinion of 26 March 2019 under Article 43(2) MiFIR on the Polish KNF's national ban on binary options for retail clients, finding it justified and proportionate and calling on other national authorities to adopt measures at least as stringent as ESMA's temporary ban.
- OpinionPublishedESMA rulebook
AI summaryESMA opinion of 26 March 2019 under Article 43(2) MiFIR on the Dutch AFM's national ban on binary options for retail clients, finding it justified and proportionate and calling on other national authorities to adopt measures at least as stringent as ESMA's temporary ban.
- OpinionPublishedESMA rulebook
AI summaryESMA opinion of 23 May 2019 under Article 43(2) MiFIR on the Bank of Lithuania's national ban on binary options for retail clients, finding it justified and proportionate and calling on other national authorities to adopt measures at least as stringent as ESMA's temporary ban.
- OpinionPublishedESMA rulebook
AI summaryESMA opinion of 13 June 2019 under Article 43(2) MiFIR on the Central Bank of Ireland's national ban on binary options for retail clients, finding it justified and proportionate and calling on other national authorities to adopt measures at least as stringent as ESMA's temporary ban.
- OpinionPublishedESMA rulebook
AI summaryESMA opinion of 13 June 2019 under Article 43(2) MiFIR on the Portuguese CMVM's national ban on binary options for retail clients, finding it justified and proportionate and calling on other national authorities to adopt measures at least as stringent as ESMA's temporary ban.
- OpinionPublishedESMA rulebook
AI summaryESMA opinion of 13 June 2019 under Article 43(2) MiFIR on the Luxembourg CSSF's permanent national ban on binary options for retail clients, finding it justified and proportionate and calling on other national authorities to adopt measures at least as stringent as ESMA's temporary ban.
- OpinionPublishedESMA rulebook
AI summaryESMA opinion of 26 March 2019 under Article 43(2) MiFIR on the UK FCA's proposed national ban on binary options for retail clients, made while the UK was an EU Member State, finding it justified and proportionate and calling on other national authorities to adopt measures at least as stringent as ESMA's temporary ban.
- OpinionPublishedESMA rulebook
AI summaryESMA opinion of 14 May 2019 under Article 43(2) MiFIR on the Finnish FSA's permanent national ban on marketing, distributing or selling binary options to retail clients, finding it justified and proportionate and calling on other national authorities to adopt measures at least as stringent as ESMA's temporary ban.
- OpinionPublishedESMA rulebook
AI summaryESMA opinion of 20 October 2022 under Article 43(2) MiFIR finding BaFin's national measure restricting the sale of futures with additional payment obligations to retail clients in Germany (with a hedging carve-out) justified and proportionate, while asking BaFin to watch for circumvention; ESMA found insufficient evidence to say other authorities should act, but encouraged them to monitor such products.
- OpinionPublishedESMA rulebook
AI summaryESMA opinion of 13 June 2019 under Article 43(2) MiFIR on CONSOB's national restrictions on CFDs offered to retail clients in Italy, finding them justified and proportionate and calling on other national authorities to adopt measures at least as stringent as ESMA's temporary CFD restrictions.
- OpinionPublishedESMA rulebook
AI summaryESMA opinion of 26 March 2019 under Article 43(2) MiFIR on the Dutch AFM's national restrictions on CFDs offered to retail clients, finding them justified and proportionate and calling on other national authorities to adopt measures at least as stringent as ESMA's temporary CFD restrictions.
- OpinionPublishedESMA rulebook
AI summaryESMA opinion of 23 May 2019 under Article 43(2) MiFIR on the Bank of Lithuania's national restrictions on CFDs offered to retail clients, finding them justified and proportionate and calling on other national authorities to adopt measures at least as stringent as ESMA's temporary CFD restrictions.
- OpinionPublishedESMA rulebook
AI summaryESMA opinion of 13 June 2019 under Article 43(2) MiFIR on the Central Bank of Ireland's national restrictions on CFDs offered to retail clients, finding them justified and proportionate and calling on other national authorities to adopt measures at least as stringent as ESMA's temporary CFD restrictions.
- OpinionPublishedESMA rulebook
AI summaryESMA opinion of 13 June 2019 under Article 43(2) MiFIR on the Portuguese CMVM's national restrictions on CFDs offered to retail clients, finding them justified and proportionate and calling on other national authorities to adopt measures at least as stringent as ESMA's temporary CFD restrictions.
- OpinionPublishedESMA rulebook
AI summaryESMA opinion of 13 June 2019 under Article 43(2) MiFIR on the Luxembourg CSSF's permanent national restrictions on CFDs offered to retail clients, finding them justified and proportionate and calling on other national authorities to adopt measures at least as stringent as ESMA's temporary CFD restrictions.
- OpinionPublishedESMA rulebook
AI summaryESMA opinion of 14 May 2019 under Article 43(2) MiFIR on the Finnish FSA's national restrictions on CFDs offered to retail clients, finding them justified and proportionate and calling on other national authorities to adopt measures at least as stringent as ESMA's temporary CFD restrictions.
Commentary
No law-firm commentary is linked to this provision yet.
219 more documents relate to MiFIR as a whole without naming an article.
UK counterpart
- Article 43 UK MiFIR · Coordination by ESMA and EBA
Revoked from 31 Dec 2020 by The Markets in Financial Instruments (Amendment) (EU Exit) Regulations 2018.
No UK counterpartExplicit referenceOmitted from the UK version at onshoring by S.I. 2018/1403.
Version history
- From 2 Jul 2014
Each entry is a consolidated version of the act on EUR-Lex in which this provision appears. The text itself is on the official site.