ESMA published a call for evidence on the EU passport under the AIFMD and third country AIFMs. Article 67 of the AIFMD requires ESMA to provide the European Commission with:

  • An opinion on the functioning of the passport for EU AIFMs and on the functioning of the national private placement regimes.
  • An advice on whether the passporting regime should be extended to the management and marketing of AIFs by non-EU AIFMs and to the marketing of non-EU AIFs by EU AIFMs.

The deadline for responses to the call for evidence is 8 January 2015. ESMA must give its opinion and advice to the Commission by 22 July 2015. If ESMA delivers a positive advice and opinion, the Commission must adopt a delegated act specifying the date when the rules set out in Article 35 and Articles 37 to 41 of the AIFMD will apply in all member states. The EU passport would then be extended to non-EU AIFs and non-EU AIFMs.