No 1095/2010 , ESMA may , where all the conditions in paragraph 5 are met , request the competent authority or competent authorities to take any of the following measures , as appropriate : ( a ) prohibit the marketing in the Union of units or shares of AIFs managed by non - EU AIFMs or of non - EU AIFs managed by EU AIFMs without the authorisation required in Article 37 or without the notification required in Articles 35 , 39 and 40 or without being allowed to do so by the relevant Member States in accordance with Article 42