The Netherlands (and EU regulation)

ESMA launches CSA on MiFID II sustainability requirements

On 3 October 2023, the European Securities and Markets Authority (ESMA) announced the launch of a common supervisory action (CSA) on MiFID II sustainability requirements. ESMA will launch this CSA with Member State competent authorities (NCAs), with the goal being to assess the progress made by intermediaries in the application of the key sustainability requirements … Continue Reading

ESMA guidelines on certain aspects of the MiFID II suitability requirements

On 3 October 2023, the European Securities and Markets Authority’s (ESMA) guidelines on certain aspects of the MiFID II suitability requirements came into force. ESMA expects these guidelines to promote greater convergence in the interpretation of and supervisory approaches to the MIFID II suitability requirements by emphasising a number of important issues and thereby enhancing … Continue Reading

ESMA guidelines on MiFID II product governance requirements

On 3 October 2023, the European Securities and Markets Authority’s (ESMA) guidelines on the MiFID II product governance requirements came into force. The guidelines apply in relation to the manufacturing or distribution of financial instruments and structured deposits. In particular, the guidelines apply in relation to the following requirements:… Continue Reading

EBA issues technical advice under MiCA on classification of stablecoins as significant and on supervisory fees

On 29 September 2023, the European Banking Authority (EBA) published Technical Advice on two delegated acts that the European Commission (Commission) is mandated to develop under the Regulation on Markets in Crypto-Assets (MiCA). These include a delegated act on the most relevant indicators in relation to specific criteria for determining whether asset-referenced tokens (ARTs) and … Continue Reading

ESMA study on ESG names and claims in the EU fund industry

On 2 October 2023, the European Securities and Markets Authority (ESMA) published a study on environmental, social and governance (ESG) names and claims in the EU funds industry. This study contributes to ESMA’s on-going monitoring efforts in the area of greenwashing risks, in particular in the investment management sector and supports on-going regulatory efforts regarding … Continue Reading

ESRB response to ESMA’s final report on extending emergency measures on CCP collateral requirements

On 2 October 2023, the European Systemic Risk Board (ESRB) published its response to the European Securities and Markets Authority’s (ESMA) final report on extending emergency measures on central counterparty (CCP) collateral requirements. On 14 October 2022, ESMA published a final report on emergency measures on collateral requirements. Previously, the European Commission asked ESMA to … Continue Reading

European Commission publishes Commission Delegated Regulation with regards to regulatory technical standards specifying requirements on credit scoring of crowdfunding projects, pricing and crowdfunding offers and risk management policies and procedures

On 29 September 2023, the European Commission published Commission Delegated Regulation (EU) of 29 September 2023 supplementing Regulation (EU) 2020/1503 of the European Parliament and of the Council with regard to regulatory technical standards specifying requirements on credit scoring of crowdfunding projects, pricing and crowdfunding offers and risk management policies and procedures. The draft technical … Continue Reading

Published in the OJ: Commission Implementing Regulation 2023/2083 with regard to the templates to be used by credit institutions for the provision to buyers of information on their credit exposures in the banking book

On 29 September 2023, there was published in the Official Journal of the European Union (OJ) Commission Implementing Regulation (EU) 2023/2083 of 26 September 2023 laying down implementing technical standards for the application of Article 16(1) of the Credit Servicers Directive with regard to the templates to be used by credit institutions for the provision … Continue Reading

Public consultation for DNB’s Good Practices for electronic money institutions and payment institutions regarding intra-group relationships

On 18 September 2023, the Dutch Central Bank (De Nederlandsche Bank, DNB) launched a public consultation on the draft ‘Good Practices Intra-Group Relationships’ applicable to e-money institutions and payment institutions. The consultation is open until 17 November 2023. According to DNB, intra-group financial relationships, arrangements and positions between e-money institutions and payment institutions and other … Continue Reading

Council commences discussions on digital euro proposal

On 25 September 2023, the Council of the European Union (Council) Working Group on Financial Services held a discussion on the European Commission (Commission) proposal on the establishment of a digital euro. Since 2021, the Commission and the European Central Bank (ECB) have been preparing the establishment of the digital euro. Considerate of the fact … Continue Reading

ESAs publish joint report on the extent of voluntary disclosure of principal adverse impacts under SFDR

On 28 September 2023, the European Supervisory Authorities (ESAs) published their second joint report on the extent of voluntary disclosure of principal adverse impacts (PAI) under the Sustainable Finance Disclosure Regulation (SFDR). Like the approach taken for the first report in 2022, the ESAs launched a survey of Member State competent authorities to assess the … Continue Reading

ESMA publishes Annual Work Programme for 2024

On 28 September 2023, the European Securities and Markets Authority (ESMA) published its Annual Work Programme for 2024. In its Annual Work Programme, ESMA sets out the following objectives for 2024:… Continue Reading

Commission Implementing Regulation with regards to the templates to be used by credit institutions for the provision to buyers of information on their credit exposures in the banking book

On 28 September 2023, the European Commission published Commission Implementing Regulation (EU) of 26 September 2023, laying down implementing technical standards for the application of Article 16(1) of the Credit Servicers Directive with regard to the templates to be used by credit institutions for the provision to buyers of information on their credit exposures in … Continue Reading

Published in the OJ: Commission Implementing Regulation 2023/2056 updating the list of relevant appropriately diversified indices in accordance with the CRR

On 27 September 2023, there was published in the Official Journal of the European Union (OJ) Commission Implementing Regulation (EU) 2023/2056 of 26 September 2023 amending the implementing technical standards laid down in Commission Implementing Regulation (EU) No 945/2014 as regards an update of the list of relevant appropriately diversified indices in accordance with the … Continue Reading

ESAs report on the landscape of ICT third-party providers in the EU

On 27 September 2023, the European Supervisory Authorities (ESAs) co-published a report on the landscape of information and communication technology (ICT) of third-party providers (TTP) in the EU. The report sets out the results of a high-level analysis, carried out by the ESAs together with Member State competent authorities with the objective of getting a … Continue Reading

ESRB publishes advice on the prudential treatment of environmental and social risks

On 27 September 2023, the European Systemic Risk Board (ESRB) published advice on the prudential treatment of environmental and social risks. The advice highlights the specificity of risks related to climate change, which can be expected to become an important driver of broader environmental and social risks, and the challenges of tackling such risks in … Continue Reading

European Commission publishes Commission Implementing Regulation updating the list of relevant appropriately diversified indices in accordance with the CRR

On 26 September 2023, the European Commission published Commission Implementing Regulation (EU) of 26 September 2023 amending the implementing technical standards laid down in Commission Implementing Regulation (EU) No 945/2014 as regards an update of the list of relevant appropriately diversified indices in accordance with the Capital Requirements Regulation. The Commission has also published an … Continue Reading

Latest ESG updater

We have published our latest ESG updater, tracking regulatory developments in the ESG space over the last month. Should you wish to receive the updater please contact Haney Saadah. For further updates on regulatory developments in the ESG space please visit our Financial Services Regulatory Developments in ESG hub.… Continue Reading

European Parliament ECON Committee holds first debate on CMDI package

On 20 September 2023, the European Parliament Economic and Monetary Affairs (ECON) Committee held its first exchange of views on the European Commission’s (Commission) crisis management and deposit insurance (CMDI) legislative package. The legislative package contains amending proposals to the EU regime for the recovery and resolution of credit institutions. The legislative package consists of: … Continue Reading

FSB report on stocktake of international data standards relevant to cross-border payments

On 25 September 2023, the Financial Stability Board (FSB) published a report: Stocktake of international data standards relevant to cross-border payments. The report looks at national and regional data frameworks relevant to the functioning, regulation and supervision of cross-border payment arrangements. Furthermore, the report takes forward one of the priority actions under the G20 Cross-border … Continue Reading

UNEP publishes second biennial progress report on implementation of the UN Principles for responsible banking

On 22 September 2023, the United Nations Environment Programme (UNEP) published the second biennial progress report on implementation of the UN Principles for responsible banking. The report highlights the key achievements of member banks in integrating sustainability considerations such as climate change mitigation into their strategies, transforming governance structures, understanding their impacts better, setting targets … Continue Reading

New Regulation Tomorrow Plus podcast: EMEA regulatory insights series – Netherlands

In our EMEA regulatory insights series colleagues from our EMEA offices provide an update on the key regulatory issues they are seeing in their local market. In this first episode Floortje Nagelkerke and Nikolai de Koning from our Amsterdam office discuss what they are seeing in the Dutch market touching on the local regulator’s work … Continue Reading

European Parliament ECON Committee holds first discussion on Retail Investment Package

On 19 September 2023, the European Parliament Economic and Monetary Affairs (ECON) Committee held its first exchange of views on the Retail Investment Package. The Retail Investment Package, which was published by the European Commission (Commission) on 24 May 2023, aims to empower retail investors to take more informed investment decisions that would better correspond … Continue Reading

EBA launches 2023 EU-wide transparency exercise

On 22 September 2023, the European Banking Authority (EBA) launched its annual EU-wide transparency exercise. The exercise will disclose capital positions, financial assets, risk exposure amounts, sovereign exposures and asset quality information of the EU banking sector in the second half of 2022 and in the first half of 2023. The exercise forms part of … Continue Reading
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