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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 […]

EU Banks- Too Big to fails, Too Big to Save- now Too Big To Separate

The European Commission has quietly buried its TBTF ringfence proposal. At least to the financial community, the contents of Tuesday’s publication of the Commission Work Programme for 2018 were more notable for what they omitted. Under the aspirational subtitle “A Deeper and Fairer Economic and Monetary Union”, Annex III of the Programme contains nine financial […]

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 […]

Non-cleared margin rules- EC finger officially removed

As expected the European Commission has today adopted the EMIR non-cleared margin RTS. The adoption is in the form of a Delegated Regulation which will be subject to an objection period by the Parliament and the Council. While both bodies are entirely capable of lodging late-stage objections, as evidenced by the recent PRIIPS paralysis, such […]

Less marginal- final draft IM/VM RTS delivered

The European Supervisory Authorities (ESAs) comprising the EBA, ESMA, and EIOPA yesterday released the final draft RTS on margin for non-cleared derivatives. The long-awaited RTS details margin requirements for uncleared derivatives under Article 11 EMIR.  The final draft implementation timeline is unchanged, the requirements will enter into force on 1 September 2016, subject to the […]

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 […]

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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