ESMA - Final Report and updated Guidelines on MiFID II product governance

ESMA published its Final Report on Guidelines on MiFID II product governance.

The main amendments introduced to the guidelines concern:

- the specification of any sustainability-related objectives a product is compatible with;

- the practice of identifying a target market per cluster of products instead of per individual product (“clustering approach”);

- the determination of a compatible distribution strategy where a distributor considers that a more complex product can be distributed under non-advised sales;

- the periodic review of products, including the application of the proportionality principle.

ESMA conducted a public consultation on these Guidelines to gather the views of relevant stakeholders. The report published contains a feedback statement summarising the responses received and highlighting the amendments and clarifications introduced in the final guidelines to consider the feedback received during this consultation.

Next steps: the Guidelines will be translated into the official languages of the EU and published on ESMA’s website. The publication of the translations will trigger a two-month period during which national competent authorities must notify ESMA whether they comply or intend to comply with the Guidelines. The Guidelines will apply two months after the date of the publication on ESMA’s website in all EU official languages.