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EU finally confirms intent to IM mitigate

In the Regulatory equivalent of a pair of socks- necessary, entirely expected, but still welcome; the ESAs have today delivered an early Christmas present to Heads of Compliance in a draft Revised RTS echoing the July 2019 BCBS/IOSCO IM mitigation. Initial Margin          A revised article 36(1) instantiates the BCBS/IOSCO recommended bifurcation into two remaining IM […]

Agreement reached over EMIR Refit

Hot on the heels of ESMA’s 31 January 2019 ‘blind eye’ statement, on 5 February 2019, the EU Council issued a press release confirming it had reached agreement with the EU Parliament on certain aspects of the EMIR REFIT programme. Broadly, the changes are that: A new category of “small financial counterparty” will be created. […]

BRRD 2 “improvements”

Risk magazine reports that the Bulgarian Presidency of the Council of the EU[1] has suggested a reduction in the proposed “BRRD 2” pre-resolution stay period to two days, along with a recommendation that derivatives be included within the power’s scope. The Commission’s November 2017 proposal called for a pre-resolution power of moratorium, enabling national authorities to […]

Rumoured welcome delay to WGMR “Phase 1.5”

The FT website is reporting unnamed sources which confirm that Council approval of the EU non-cleared margin rules will be slightly delayed until 21 November. The Council is relatively free from formal procedures for approval and has been the subject of intense, but quiet, lobbying by investment banks keen to avoid the unfortunate coincidence of […]

EP adopts non-cleared margin rules- market quietly panics

As previewed by its own ECON committee, the European Parliament yesterday adopted the “final” draft of the long-awaited non-cleared margin rules under EMIR. The uncharacteristic fast-tracking has created the ironic situation in which market participants are now lobbying the Council to delay their adoption of the rules in order to avoid entry into application during […]

MiFID 2 delay official

To the surprise of no-one, the European Commission has today proposed a one year extension to the application date of MiFID 2. The new deadline is 3 January 2018. Commissioner Jonathan Hill said, “Given the complexity of the technical challenges highlighted by ESMA, it makes sense to extend the deadline for MiFID II. We will […]

Near-final EU benchmark regulation: transparency by statement

On 4 December 2015, the final compromise text of the EU benchmark regulation was released. The text already received approval from the Council and the European Parliament on 24 November 2015, and from the Permanent Representatives Committee (COREPER) on 9 December 2015. The next step is to submit the regulation to the European Parliament for […]

Single Resolution Fund timeline resolved

Those despairing of European regulatory timelines may take small comfort in today’s Council announcement that the Single Resolution Fund (SRF) will enter into force as expected on 1 January 2016. The SRF is a vital element in the wider Single Resolution Mechanism, creating a Europe-wide backstop fund that may be accessed following a failing institution’s […]

Revised SFTR Published

On 27 November 2015, the EU Council published a revised text of the Securities Financing Transactions Regulation (SFTR).  This follows its publication on 5 November 2015 of the ‘final’ SFTR – as subsequently adopted by the EU Council on 16 November 2015. Fortunately, all of the changes in the revised text – of which there […]

MiFID 2 holed below the waterline

ESMA have published an internal note dated 2 October 2015 outlining the necessity for and certainty of delay in a number of core MiFID 2 provisions, the likely extent of such delay and the various means of effecting it. The note refers to the sequential nature of MiFID 2 implementation, the complexity of certain interdependent […]

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