The FMA Regulation on Product Intervention Measures (FMA-PIV; FMA-Produktinterventionsverordnung) was published in the Federal Law Gazette on 9 May 2019.
In the FMA-PIV, the FMA exercises its right to issue national product intervention measures. As was also the case in the European Securities and Markets Authority (ESMA) decision:
- the marketing, distribution and sale of binary options to retail clients is prohibited, provided that the binary option does not fulfil certain conditions, and
- the marketing, distribution and sale of contracts for difference (CFDs) to retail clients shall only be permissible under certain defined conditions.
The specific conditions under which the marketing, distribution and sale of binary options or contracts for difference (CFDs) to retail clients shall be permitted are defined in the FMA-PIV.
Pursuant to Article 43 of Regulation (EU) No. 600/2014, ESMA is required to provide an opinion clarifying whether such national product intervention measures are both justified and proportional. The positive opinion regarding the FMA-PIV can be found on the ESMA website.
The FMA-PIV enters into force on 15.05.2019 and shall apply to binary options as well as contracts for difference that are marketed, distributed or sold in or from Austria from 30 May 2019.