On 29 February 2024, the Financial Conduct Authority (FCA) published a report on the use of its power under Article 23D of the Benchmarks Regulation (BMR) for 3 month synthetic sterling LIBOR. The report sets out the results of the FCA’s review of whether the use of its power under Article 23D(2) of the BMR … Continue Reading
On 22 January 2024, there was published in the Official Journal of the EU, Commission Delegated Regulation (EU) 2024/363 of 11 October 2023 amending the regulatory technical standards laid down in Delegated Regulation (EU) 2015/2205 as regards the transition to the TONA and SOFR benchmarks referenced in certain over-the-counter (OTC) derivative contracts. Commission Delegated Regulation … Continue Reading
On 15 January 2024, the European Parliament published a draft report from the Committee on Economic and Monetary Affairs concerning the proposed Regulation amending the Benchmark Regulation as regards the scope of the rules for benchmarks, the use in the EU of benchmarks provided by an administrator located in a third country, and certain reporting … Continue Reading
On 20 December 2023 the Council of the EU (Council) reached a general approach on the proposed review of the European Benchmarks Regulation (EU BMR). By way of background, the European Commission (Commission) published a proposal for the EU BMR review in October 2023 (see our note). The main changes, in comparison to the Commission’s … Continue Reading
On 19 December 2023, the Financial Services and Markets Act 2023 (Benchmarks and Capital Requirements) (Amendment) Regulations 2023 (SI 2023/1409) (the Regulations) were published, along with an explanatory memorandum. The Financial Services and Markets Act 2023 (FSMA 2023) repeals retained EU law (REUL) relating to financial services, to enable the Government to deliver its Smarter … Continue Reading
On 15 December 2023, the European Securities and Markets Authority (ESMA) published an updated version of its Q&As on the Benchmarks Regulation (BMR). The following Q&As have been modified… Continue Reading
On 15 December 2023, the European Securities and Markets Authority (ESMA) issued a public statement in relation to the consequences of Brexit for the ESMA register for benchmark administrators and third country benchmarks (ESMA register) under the Benchmark Regulation (BMR). Key points in the public statement include:… Continue Reading
On 13 December 2023, the European Securities and Markets Authority (ESMA) issued a report on administrative sanctions and measures and criminal sanctions imposed under the Benchmarks Regulation (BMR) in 2022. The report is the second annual sanctions report pursuant to the BMR. It notes that in 2022, one administrative sanction and one administrative measure were … Continue Reading
On 7 November 2023, HM Treasury (HMT) published a policy paper on extending the transitional period for third country benchmarks under the UK Benchmarks Regulation. The policy paper confirmed that the Government would be laying a statutory instrument extending the transitional period for third country benchmarks to 31 December 2030 by amending Article 51(5) of … Continue Reading
On 23 October 2023, there was published in the Official Journal of the European Union (OJ) Commission Delegated Regulation (EU) 2023/2222 of 14 July 2023 extending the transitional period laid down for third-country benchmarks in Article 51(5) of the EU Benchmarks Regulation. The Commission Delegated Regulation extends the transitional period by two years until 31 … Continue Reading
On 17 October 2023, the European Commission (Commission) published a proposal for a review of the European Benchmarks Regulation (BMR). The proposal is part of the Commission’s broader package of measures that seeks to rationalise reporting requirements for companies across various pieces of European financial services legislation. The Commission acknowledged that the current scope of … Continue Reading
On 11 October 2023, the European Money Markets Institute (EMMI) published a consultation paper (CP) on enhancements to EURIBOR’s hybrid methodology. The consultation paper outlines EMMI’s efforts to further enhance EURIBOR’s methodology and invites feedback from market participants, interested parties and stakeholders at large. EMMI’s commitment to maintaining the integrity and reliability of the EUROBOR … Continue Reading
On 7 September 2023, the Bank of England (BoE) published a speech given by Arif Merali, senior advisor for the BoE, at a Libor transition panel discussion in London. Mr Merali answers questions on the transition away from Libor, considering how we got to where we are today, what remains to be done and lessons … Continue Reading
On 31 August 2023, the FCA published Market Study MS23/1.4: Wholesale Data Market Study: Update Report. The FCA launched the market study on 2 March 2023, following persistent user concerns about how well wholesale data markets were working. The study focuses on competition in the provision of benchmarks, credit ratings data and market data vendor … Continue Reading
On 28 July 2023, the Financial Stability Board (FSB) published its final reflections on the LIBOR transition. The end of June 2023 marked the end of the remaining USD LIBOR panel. Only three of the US dollar LIBOR settings will continue in a synthetic form after June 2023 and are intended to cease at end-September … Continue Reading
On 14 July 2023, the European Commission adopted a draft delegated act that extends the transitional period for third-country benchmark administrators as set out under (EU) 2016/1011 (“EU Benchmarks Regulation” or “EU BMR”). The current BMR transitional provisions are set to expire on 31 December 2023; the draft delegated act extends this period until 31 … Continue Reading
On 3 July 2023, the FCA issued a statement to confirm that the US dollar LIBOR bank panel ended on 30 June 2023. This was the last remaining LIBOR panel. The FCA notes that the overnight and 12-month US dollar LIBOR settings have now permanently ceased. The 1-, 3- and 6-month US dollar LIBOR settings … Continue Reading
On 31 May 2023, the FCA published Feedback Statement FS23/2: Decisions on US dollar LIBOR – feedback to CP22/21 (FS23/2). Previous consultation In November 2022, the FCA consulted on proposals to use its powers under the Benchmarks Regulation (BMR) to: After the consultation closed on 6 January 2023, the FCA considered the responses and decided … Continue Reading
On 30 May 2023, the European Securities and Markets Authority (ESMA) published a final report on the review of the regulatory technical standards (RTS) on the information to be provided in an application for authorisation and registration under the Benchmarks Regulation. Article 34(8) of the Benchmarks Regulation states that ESMA shall develop RTS to specify … Continue Reading
On 4 May 2023, the European Securities and Markets Authority (ESMA) published guidance produced by the Working Group on Euro Risk-Free Rates (the working group), for corporate lending products for implementing the recommendations on EURIBOR fallback trigger events and €STR-based EURIBOR fallback rates. The working group previously published recommendations for EURIBOR fallback trigger events and … Continue Reading
On 27 April 2023, the Financial Stability Board (FSB) published a statement to encourage final preparations for the USD LIBOR transition. The statement highlights the following:… Continue Reading
On 12 April 2023, the Bank of England (BoE) and the FCA published a statement on the cessation of the USD LIBOR panel, which will occur on 30 June 2023. The statement notes that the cessation date is less than 90 days away and sets out some reminders for firms as to the actions they … Continue Reading
On 3 April 2023, the FCA announced that it has decided to require LIBOR’s administrator, ICE Benchmark Administration Limited (IBA), to continue the publication of the 1-, 3- and 6-month US dollar LIBOR settings for a short period after 30 June 2023, using an unrepresentative ‘synthetic’ methodology (‘synthetic US dollar LIBOR’). The decision follows the … Continue Reading
On 20 March 2023, the FCA published a Dear CEO letter to benchmark administrators outlining the issues identified during its preliminary review on ESG benchmarks. This follows a previous Dear CEO letter, sent in September 2022, which highlighted the risk of poor disclosures for ESG benchmarks. The FCA flagged the importance of high quality ESG … Continue Reading