The Netherlands (and EU regulation)

CPMI / IOSCO discussion paper on CCP practices to address non default-losses

Introduction On 4 August 2022, the Committee on Payments and Market Infrastructures (CPMI) and the International Organization of Securities Commissions (IOSCO) published a discussion paper on central counterparty (CCP) practices to address non default-losses (NDLs). Non default events can threaten a CCP’s viability as a going concern and its ability to continue providing critical services. … Continue Reading

ESMA updates Q&As on the implementation of the CSDR

On 3 August 2022, the European Securities and Markets Authority (ESMA) updated its Q&As on the implementation of the Central Securities Depositories Regulation (CSDR). The updated Q&As amend settlement discipline question 3 – cash penalties. The question has now been updated to include answers to the following: Article 3(2) of Commission Delegated Regulation 2017/389 provides … Continue Reading

Commission summary report on targeted consultation on the functioning of the ESG ratings market in the EU and on the consideration of ESG factors in credit ratings

On 4 August 2022, the European Commission published a report providing an overview of the results of an earlier targeted consultation on ‘ESG ratings and ESG factors in credit ratings’. Among other things the report notes that: The vast majority of respondents declare that they do use ESG ratings and among these, 77% use them … Continue Reading

European Commission publishes final report on disclosure, inducements and suitability rules for retail investors study

Introduction  On 2 August 2022, the European Commission published a final report which it produced in May concerning the findings from a study that examined disclosure, inducements and suitability rules for EU retail investors. The study feeds into the development of the Retail Investment Strategy announced earlier this year, being one of the actions planned … Continue Reading

ESMA makes new bond liquidity data available and publishes data for the systematic internaliser calculations

On 1 August 2022, the European Securities and Markets Authority (ESMA) published the new quarterly liquidity assessment for bonds as well as the data for the systemic internaliser (SI) quarterly calculations for equity, equity-like instruments and bonds under MiFID II and MiFIR. Bond quarterly liquidity assessment  The ESMA’s liquidity assessment for bonds is based on … Continue Reading

ESMA launches call for Evidence on Pre-Hedging

On 29 July 2022, the European Securities and Markets Authority (ESMA) published a call for evidence on pre-hedging. The aim is to promote discussion among stakeholders and gather further evidence on the practice of pre-hedging that could help ESMA to develop appropriate guidance. The call for evidence illustrated the arguments in favour and against such … Continue Reading

ECB publishes consultation response to the EFRAG’s public consultation on the first set of draft European Sustainability Reporting Standards.

On 29 July 2022, the European Central Bank (ECB) published its response to the European Financial Reporting Advisory Group’s (EFRAG) public consultation on the first set of draft European Sustainability Reporting Standards. The response provides the following general remarks: The ECB strongly supports EU efforts to improve sustainability disclosures. The ECB welcomes the progress made … Continue Reading

EBA consults on revised Guidelines on methods for calculating contributions to deposit guarantees schemes

On 29 July 2022, the European Banking Authority (EBA) launched a public consultation on its draft revised Guidelines on deposit guarantee schemes (DGS) contributions. The revised Guidelines are aimed at enhancing the proportionality between the risk of a credit institution and its contributions to the DGS, and at streamlining and simplifying the original Guidelines. In … Continue Reading

ECON publishes Draft Report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 600/2014 as regards enhancing market data transparency, removing obstacles to the emergence of a consolidated tape, optimising the trading obligations and prohibiting receiving payments for forwarding client orders

On 29 July 2022, the European Parliament Committee on Economic and Monetary Affairs (ECON) published a Draft Report on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) No 600/2014 as regards enhancing market data transparency, removing obstacles to the emergence of a consolidated tape, optimising the trading … Continue Reading

EBA publishes Final Report: Guidelines on the criteria for the exemption of investment firms from liquidity requirements in accordance with Article 43(4) of Regulation (EU) 2019/2033

On 29 July 2022, the European Banking Authority (EBA) published its final guidance on the criteria for the exemption of investment firms from liquidity requirements in accordance with Article 43(4) of Regulation (EU) 2019/2033. The guidelines ensure that all competent authorities granting this exemption follow the same harmonised approach, while preserving the IFR general objective … Continue Reading

EBA publishes Consultation Paper on Draft Regulatory Technical Standards on the homogeneity of the underlying exposures in STS securitisation under Articles 20(14), 24(21) and 26b (13) of Regulation (EU) 2017/2402, as amended by Regulation (EU) 2021/557

On 28 July 2022, the European Banking Authority (EBA) published a Consultation Paper on Draft Regulatory Technical Standards (RTS) on the homogeneity of the underlying exposures in STS securitisation under Articles 20(14), 24(21) and 26b(13) of Regulation (EU) 2017/2402, as amended by Regulation (EU) 2021/557. These draft RTS will be amending the Commission Delegated Regulation … Continue Reading

EBA releases Consultation Paper: Supervisory handbook on the validation of rating systems under the Internal Ratings Based approach

On 28 July 2022, the European Banking Authority (EBA) published a Consultation Paper on its supervisory handbook for the validation of internal ratings based systems. This handbook clarifies the role of the validation function as part of corporate governance, in particular in terms of scope of work and interaction with the credit risk control unit. … Continue Reading

EBA updates webpage on Joint Regulatory Technical Standards on ESG disclosure standards for financial market participants

On 28 July 2022, the European Banking Authority (EBA) updated its webpage on Joint Regulatory Technical Standards (RTS) on ESG disclosure standards for financial market participants. The webpage now makes note that it has been adopted and published in the Official Journal.… Continue Reading

ECB publishes Working Paper on the optimal quantity of CBDC in a bank-based economy

On 28 July 2022, the European Central Bank (ECB) published a Working Paper on the optimal quantity of CBDC in a bank based economy. The paper provides evidence on the estimated effects of digital euro news on bank valuations and lending and finds that they depend on deposit reliance and design features aimed at calibrating … Continue Reading

ECB publishes Working Paper on voluntary support and ring-fencing in cross-border banks

On 28 July 2022, the European Central Bank (ECB) published a Working Paper on voluntary support and ring-fencing in cross-border banks. The paper provides a theoretical contribution to the ring-fencing debate in the context of supervisory intervention in an impaired subsidiary of a cross-border bank (CBB). Amongst other things, the paper addresses the following questions: … Continue Reading

DNB to investigate effectiveness of sanctions screening tools this fall

The Dutch Central Bank (De Nederlandsche Bank, DNB) has announced that it will be starting an investigation into the effectiveness of the sanctions screening tools of banks and payment institutions. Given the global developments around sanctions, and in addition to DNB’s on-going investigation into compliance with Dutch sanctions legislation (primarily focusing on the administrative organisation … Continue Reading

Opinion of the European Central Bank of 1 June 2022 on the Proposal for a Regulation of the European Parliament and of the Council amending Regulation (EU) 600/2014 as regards enhancing market data transparency, removing obstacles to the emergence of a consolidated tape, optimising trading obligations and prohibiting receiving payments for forwarding client orders (CON/2022/19) 2022/C 286/03

On 27 July 2022, the Official Journal of the European Union (OJ) published an Opinion of the European Central Bank (ECB) of 1 June 2022  on the proposal for a Regulation of the European Parliament and of the Council, amending Regulation (EU) 600/2014 as regards enhancing market data transparency, removing obstacles to the emergence of … Continue Reading

Commission Delegated Regulation (EU) 2022/1302 of 20 April 2022 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards for the application of position limits to commodity derivatives and procedures for applying for exemption from position limits

On 26 July 2022, there was published in the  Official Journal of the European Union (OJ) Commission Delegated Regulation (EU) 2022/1302 of 20 April 2022 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards for the application of position limits to commodity derivatives and procedures for applying … Continue Reading

Commission Implementing Regulation (EU) 2022/1300 of 24 March 2022 amending Implementing Regulation (EU) 2017/1093 laying down implementing technical standards with regard to the format of position reports by investment firms and market operators

On 26 July 2022, there was published in the Official Journal of the European Union (OJ) Commission Implementing Regulation (EU) 2022/1300 of 24 March 2022 amending Implementing Regulation (EU) 2017/1093 laying down implementing technical standards with regard to the format of position reports by investment firms and market operators. The Regulation enters into force on … Continue Reading

Commission Delegated Regulation (EU) 2022/1299 of 24 March 2022 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards specifying the content of position management controls by trading venues

On 26 July 2022, there was published in the Official Journal of the European Union (OJ), Commission Delegated Regulation (EU) 2022/1299 of 24 March 2022 supplementing Directive 2014/65/EU of the European Parliament and of the Council with regard to regulatory technical standards specifying the content of position management controls by trading venues. The Regulation enters … Continue Reading

European Commission updated webpage on Alignment EU rules on capital requirements to international standards (prudential requirements and market discipline)

On 26 July 2022, the European Commission updated its webpage on Alignment EU rules on capital requirements to international standards (prudential requirements and market discipline). The Commission adoption feedback period has been changed from 26 September 2022 to 27 September 2022.  … Continue Reading

ESMA: Opinion on 2020 Discharge Report of the European Parliament

On 25 July 2022, the European Securities and Markets Authority (ESMA) published an opinion on the 2020 Discharge Report of the European Parliament (EP). In the opinion, ESMA states that it welcomes the approval by the EP of the closure of its accounts for the financial year 2020 and the decision of the EP to … Continue Reading

ESMA updates list of third-country markets considered as equivalent to a regulated market in the Union for the purposes of the definition of the OTC derivatives.

On 25 July 2022, the European Securities and Markets Authority (ESMA) updated its list of third-country markets considered as equivalent to a regulated market in the Union for the purposes of the definition of the OTC derivatives. The markets established in a third country listed are considered as equivalent to a regulated market in the … Continue Reading

Commission Delegated Regulation (EU) 2022/1288 of the 6 April 2022 supplementing Regulation (EU) 2019/2088 regarding regulatory technical standards specifying the details of the content and presentation of the information in relation to the principle of ‘do no significant harm’

On 25 July 2022, there was published in the Official Journal of the EU (OJ) Commission Delegated Regulation (EU) 2022/1288 of 6 April 2022 supplementing Regulation (EU) 2019/2088 of the European Parliament and of the Council with regard to regulatory technical standards. Specifying the details of the content and presentation of the information in relation … Continue Reading
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