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Version date: 4 December 2019 - onwards

Question 1 Cross-border provision of services [Last update: 4 December 2019]

Art. 42 of MiFIR

Which national product intervention measures should a firm apply incase of cross-border provision of investment services?

Answer 1

National competent authorities (NCAs) may take product intervention measures in accordance with Article 42 of the Markets in Financial Instruments Regulation (EU) No 600/2014 (MiFIR) in or from their Member State. Where two NCAs adopt product intervention measures that both apply in and from their Member State and that are different from each other, it is important for investment firms to comply with the product intervention measuresthat apply from the Member State in which they are authorised in case of cross-border provision of investment services and also the product intervention measures applicable in a Member State where the client is located.

This holds that if Member State (MS) A adopts stricter measures than MS B, then firms from MS B still have to abide by the national product intervention measures of MS A in respect of any cross

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