EU Banking and Finance Regulatory Newsletter - February 2019 - Key regulatory developments in the EU

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European Union11

15/02/2019

EU ambassadors endorsed full package of risk reduction measures [CRR II, CRD V, BRRD II and SRM II] aimed at reducing risks in the EU banking sector

EU ambassadors endorsed an agreement reached between the Romanian presidency and the Parliament on a set of revised rules aimed at reducing risks in the EU banking sector.

For further information, click here.

EDPB18

15/02/2019

The European Data Protection Board (EDPB) published an opinion on the draft Administrative Arrangement for the transfer of personal data between the European Economic Area (EEA), Financial Supervisory Authorities and non-EEA Financial Supervisory Authorities

For further information, click here.

FSB10

15/02/2019

 

Report on FinTech and market structure in financial services

The FSB published a report on FinTech and market structure in financial services.

For further information, click here.

European Parliament8

14/02/2019

EU cross-border payments outside Eurozone: MEPs scrap excessive fees

The European Parliament adopted new rules to end discrimination against payment service users in the EU outside the Eurozone.

For further information, click here.

European Commission5

13/02/2019

European Commission adopted a draft Delegated Regulation supplementing Directive (EU) 2015/849 by identifying high-risk third countries with strategic deficiencies [MLD4]

For further information, click here, here and here.

European Commission5

13/02/2019

Draft Delegated Regulation amending Delegated Regulation (EU) 2017/588 with regard to the possibility to adjust the average daily number of transactions for a share where the trading venue with the highest turnover of that share is located outside the Union

For further information, click here.

ESMA1

13/02/2019

Steven Maijoor on “Brexit – the regulatory challenges” at the European Financial Forum, Dublin

Steven Maijoor, the Chair of ESMA, delivered a speech on Brexit - the regulatory challenges at the European Financial Forum 2019 in Dublin this morning.

For further information, click here.

Council of the EU11

12/02/2019

Financial supervision: Council confirmed position ahead of negotiations with Parliament

The Council confirmed its position on proposals to review the functioning of the current European system of financial supervision (ESFS).

For further information, click here.

FSB10

12/02/2019

FSB published its 2019 work program

The FSB published for the first time its annual work program. This describes the FSB’s planned work and an indicative timetable of main publications for 2019.

For further information, click here.

ESMA1

08/02/2019

ESMA published list of thresholds below which an EU prospectus is not required

ESMA has published a document listing the thresholds below which an offer of securities to the public does not need a prospectus in the various member states of the EU.

For further information, click here.

ESAs13

08/02/2019

ESAs published recommendations on changes to the PRIIPs Key Information Document

The ESAs published their final recommendations following a consultation on targeted amendments to the Delegated Regulation covering the rules for the Key Information Document (KID) for Packaged Retail and Insurance-based Investment Products (PRIIPs).

For further information, click here.

ESMA1

07/02/2019

ESMA published its 2019 Risk Assessment Work Program

ESMA publishes its Risk Assessment Work Program, providing an overview of the analytical, research, data and statistical activities that ESMA will carry out in 2019.

For further information, click here.

IOSCO14

07/02/2019

Final report: Commodity Storage and Delivery Infrastructures: Good or Sound Practices

The IOSCO published a report that sets out good or sound practices to assist relevant storage infrastructures and their oversight bodies to identify and address issues that could influence the pricing of commodity derivatives and in turn affect market integrity and efficiency.

For further information, click here.

ESMA1

06/02/2019

ESMA published supervisory briefing on the supervision of non-EU branches of EU firms

ESMA has published a MiFID II supervisory briefing on the supervision of non-European Union (EU) branches of EU firms providing investment services and activities.

For further information, click here.

ESMA1

06/02/2019

ESMA sets out 2019 priorities for supervisory convergence

ESMA has published its 2019 Supervisory Convergence Work Program (SCWP), which sets out ESMA’s work streams to promote sound, efficient and consistent supervision across the European Union (EU).

For further information, click here.

European Commission5

05/02/2019

Draft Delegated Regulation supplementing Regulation (EU) 2017/2402 with regard to regulatory technical standards specifying information to be provided to a competent authority in an application for authorization of a third party assessing STS compliance

For further information, click here and here.

ESMA1

05/02/2019

ESMA sets out use of UK data in ESMA databases under a no-deal Brexit

ESMA has published a statement on the use of UK data in ESMA databases and the performance of MiFID II calculations under a no-deal Brexit.

For further information, click here.

ESMA1

05/02/2019

ESMA published guidelines on supervisory reporting for credit rating agencies

ESMA has published its revised Guidelines on the information which credit rating agencies (CRAs) need to report to ESMA for supervisory purposes.

For further information, click here.

ESMA1

05/02/2019

ESMA consults on liquidity stress test guidance for investment funds

ESMA has started a public consultation on its draft guidance regarding liquidity stress tests of investment funds – applicable to alternative investment funds (AIFs) and Undertakings for the Collective Investment in Transferable Securities (UCITS).

For further information, click here.

European Union/ Council of the EU11

05/02/2019

Capital markets union: deal on updated rules for financial derivative products and clearing

EU institutions are simplifying rules applying to non-financial counterparties, small financial counterparties and pension funds using financial derivative products.

For further information, click here.

European Union/ Council of the EU11

05/02/2019

Capital markets union: political agreement on simpler and quicker cross-border distribution of investment funds

EU institutions are taking steps to provide a simpler and quicker access of companies to funding sources across Europe.

For further information, click here.

FSB10

05/02/2019

FSB published Global Monitoring Report on Non-Bank Financial Intermediation 2018

The FSB published the Global Monitoring Report on Non-Bank Financial Intermediation 2018.

For further information, click here.

European Commission5

04/02/2019

Proposal for a Council Decision on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee, concerning an amendment to Annex IX (Financial Services) to the EEA Agreement (Markets in Financial Instruments Regulation (MiFIR) and Directive MiFID II)

For further information, click here.

European Commission5

04/02/2019

Proposal for a Council Decision on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee, concerning an amendment to Annex IX (Financial Services) to the EEA Agreement [Capital Requirements Regulation (EU) No 575/2013 (CRR) and Directive 2013/36/EU (CRD IV)]

For further information, click here.

European Commission5

04/02/2019

Proposal for a Council Decision on the position to be adopted, on behalf of the European Union, within the EEA Joint Committee concerning an amendment to Annex IX (Financial services) and Annex XIX (Consumer protection) to the EEA Agreement

For further information, click here.

European Commission5

04/02/2019

Draft Delegated Regulation supplementing Regulation (EU) No 345/2013 with regard to conflicts of interest in the area of European venture capital funds

For further information, click here.

OJ of the EU

04/02/2019

Decision (EU) 2019/166 of the ECB on the Market Infrastructure Board and repealing Decision ECB/2012/6 on the establishment of the TARGET2-Securities Board (ECB/2019/3) – published in OJ.

Entry into force: 07/02/2019. For further information, click here.

ESMA1

04/02/2019

ESMA agreed no-deal Brexit MOUs with the Bank of England for recognition of UK CCPs and the UK CSD

ESMA has agreed Memoranda of Understanding (MoUs) with the Bank of England (BoE) for the recognition of central counterparties (CCPs) and of the central securities depository (CSD) established in the UK, that would take effect should the UK leave the EU without a withdrawal agreement, the no-deal Brexit scenario.

For further information, click here.

ESMA1

04/02/2019

ESMA updated Q&A on EMIR data reporting

ESMA has issued an update of its Q&A on practical questions regarding EMIR.

For further information, click here.

ESMA1

04/02/2019

ESMA updated Q&A on MiFIR data reporting

ESMA has issued an update of its Q&As on data reporting under MiFIR.

For further information, click here.

European

Commission5

01/02/2019

Draft Delegated Regulation supplementing Regulation (EU) No 346/2013 with regard to conflicts of interest, social impact measurement and information to investors in the area of European social entrepreneurship funds

For further information, click here.

ESMA1

01/02/2019

MiFID II: ESMA published data for the systematic internaliser calculations for equity, equity-like instruments and bonds

ESMA has published data for the systematic internaliser calculations for equity, equity-like instruments and bonds under MiFID II and MiFIR.

For further information, click here.

ESMA1

01/02/2019

MiFID II: ESMA made new bond liquidity data available

ESMA has made available new data for bonds subject to the pre- and post-trade requirements of MiFID II and MiFIR through its data register.

For further information, click here.

ESMA1

01/02/2019

ESMA and EU securities regulators agreed no-deal Brexit MoUs with FCA

ESMA and European securities regulators have agreed Memoranda of Understanding (MoUs) with the Financial Conduct Authority (FCA) of the UK.

For further information, click here.

ESMA1

01/02/2019

ESMA clarified the reporting and handling of derivatives data in case of no-deal Brexit

ESMA has issued a public statement on how derivatives data reported under EMIR, should be handled in the event of the UK leaving the EU without a withdrawal agreement, the no-deal Brexit scenario.

For further information, click here.

ESMA1

01/02/2019

ESMA updated its Q&As on MiFID II and MiFIR market structure and transparency topics

ESMA has updated its Questions and Answers regarding market structures and transparency issues under MiFID II and MiFIR.

For further information, click here.

IOSCO14

01/02/2019

Emerging Market regulators consult on recommendations related to sustainable finance

IOSCO´s Growth and Emerging Market Committee published the consultation report on sustainable finance in emerging markets and the role of securities regulators, which proposes 11 recommendations for emerging market member jurisdictions to consider when issuing regulations or guidance regarding sustainable financial instruments.

For further information, click here.

OJ of the EU

31/01/2019

European Securities and Markets Authority Decision (EU) renewing the temporary restriction on the marketing, distribution or sale of contracts for differences to retail clients – published in OJ.

Entry into force: 01/02/2019. For further information, click here.

European Commission5

31/01/2019

Draft Delegated Regulation supplementing the Fourth Money Laundering Directive

Delegated Regulation supplementing Directive (EU) 2015/849 with regard to regulatory technical standards for the minimum action and the type of additional measures credit and financial institutions must take to mitigate money laundering and terrorist financing risk in certain third countries.

For further information, click here.

ESMA1

31/01/2019

ESMA published Opinion and Q&A on disclosure technical standards under the Securitisation Regulation

ESMA has published an Opinion containing a revised set of draft regulatory and implementing technical standards (disclosure RTS/ITS) under the Securitisation Regulation, which concern the details of a securitisation to be published by the originator, sponsor and Securitisation Special Purpose Entity (SSPE), as well as the relevant format and templates.

For further information, click here.

ESMA1

31/01/2019

ESMA Q&As clarify prospectus and transparency rules in case of no-deal Brexit

ESMA has issued three Q&As regarding the Prospectus Directive (PD) and the Transparency Directive (TD). For further information, click here.

ESMA1

31/01/2019

ESMA issued statement to address upcoming EMIR Refit implementation issues

ESMA has published a statement addressing EMIR Refit implementation.

For further information, click here.

ESMA1

31/01/2019

Notice of ESMA’s Product Intervention Renewal Decision in relation to contracts for differences

On January 23, 2019, ESMA adopted a Decision under Article 40 of Regulation (EU) No 600/20141 to restrict the marketing, distribution or sale of contracts for differences (CFDs) to retail clients.

For further information, click here.

European Commission5

30/01/2019

Draft Delegated Regulation amending Regulation (EU) No 648/2012 of the European Parliament and of the Council with regard to the list of exempted entities

For further information, click here.

European Commission5

30/01/2019

Draft Delegated Regulation amending Delegated Regulation (EU) 2016/522 with regard to the exemption of the Bank of England and the United Kingdom Debt Management Office from the scope of Regulation (EU) No 596/2014

For further information, click here and here.

European Commission5

30/01/2019

Draft Delegated Regulation amending Delegated Regulation (EU) 2017/1799 with regard to the exemption of the Bank of England from the pre- and post-trade transparency requirements in Regulation (EU) No 600/2014

For further information, click here and here.

European Commission5

30/01/2019

Draft Commission Delegated Regulation amending Regulation (EU) 2015/2365 of the European Parliament and of the Council with regard to the list of exempted entities

For further information, click here.

ESMA1

30/01/2019

ESMA updated plan for systematic internaliser regime calculations and publications

ESMA has published an update of its action plan (within its updated Q&As on MiFID II and MiFIR transparency topics) for the systematic internaliser (SI) regime calculations ahead of the next scheduled publication on February 1, 2019.

For further information, click here.

ESMA1

30/01/2019

ESMA updated the CSDR Q&As

ESMA has updated its Q&As regarding the implementation of the Central Securities Depository Regulation (CSDR).

For further information, click here.

ESMA1

30/01/2019

ESMA updated Q&A on Benchmark Regulation

ESMA has issued an update of its Q&As on the European Benchmark Regulation (BMR).

For further information, click here.

OJ of the EU

25/01/2019

Regulation (EU) 2019/113 of the European Central Bank amending Regulation (EU) No 1333/2014 concerning statistics on the money markets published in the OJ

Entry into force: 14/02/2019. For further information, click here.

European Commission5

25/01/2019

European Commission consults on Euro and market liquidity in foreign exchange markets

The Commission consults on the functioning of foreign exchange markets and the role of the Euro.

For further information, click here.

ESMA1

23/01/2019

ESMA agreed position limits under MiFID II

ESMA published six opinions on position limits regarding commodity derivatives under the Markets in Financial Instruments Directive and Regulation (MiFID II/MIFIR).

For further information, click here.

ESMA1

22/01/2019

ESMA updated commodity derivatives transitional transparency calculations for MiFID II / MiFIR

ESMA has published an updated version of the MiFID II/MiFIR transitional transparency calculations (TTC).

For further information, click here.

Disclaimer:

This section of the newsletter contains material generated and copyrighted by ESMA1, EBA2, ECB3, BaFin4, the European Commission5, ECON6, BCBS7, the European Parliament8, EIOPA9, FSB10, the Council of the EU11, the German Ministry of Finance12, the ESAs13, IOSCO14, ESRB15, CPMI16, BIS17 and EDPB18. This material is for general informational purposes only and does not represent any undertaking to keep recipients advised of all legal developments. Dentons does not assume any liability regarding the contents of external links.

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Controlling and Deleting Cookies

If you would like to change how a browser uses cookies, including blocking or deleting cookies from the JD Supra Website and Services you can do so by changing the settings in your web browser. To control cookies, most browsers allow you to either accept or reject all cookies, only accept certain types of cookies, or prompt you every time a site wishes to save a cookie. It's also easy to delete cookies that are already saved on your device by a browser.

The processes for controlling and deleting cookies vary depending on which browser you use. To find out how to do so with a particular browser, you can use your browser's "Help" function or alternatively, you can visit http://www.aboutcookies.org which explains, step-by-step, how to control and delete cookies in most browsers.

Updates to This Policy

We may update this cookie policy and our Privacy Policy from time-to-time, particularly as technology changes. You can always check this page for the latest version. We may also notify you of changes to our privacy policy by email.

Contacting JD Supra

If you have any questions about how we use cookies and other tracking technologies, please contact us at: privacy@jdsupra.com.

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