Temporary Equivalence Decision for UK CCPs to be renewed

European Commission Vice President Valdis Dombrovskis announced in a speech at the Guildhall in London last week that, ‘as the risk to financial stability has not yet been fully removed, because industry has not so far fully prepared’, he intends to renew the temporary equivalence decision for UK central counterparties (CCPs) beyond the current expiry date of 30 March 2020.  No further details of the extension have as yet been published.

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Regulators extend transitional direction powers in line with Brexit delay

The Financial Conduct Authority (“FCA”), Bank of England (“BoE”) and Prudential Regulation Authority (“PRA”) yesterday announced measures to extend certain UK-specific Brexit transitional relief provisions for a further six months until 31 December 2020, in line with the extension of Exit Day until 31 October. This is generally in line with industry expectations and does not signal any material changes to the regulators’ policy or approach. (It should be noted that these timelines are separate from the 3-year maximum period applicable under the (separate) Temporary Permissions Regime (“TPR”), which remains unchanged in terms of overall maximum duration).

The FCA has issued a statement confirming its intention to extend the proposed duration of the directions issued under its temporary transitional power (“TTP”) to the 31 December 2020, reflecting the six-month extension of Article 50. The TTP is intended to minimise disruption for firms and other regulated entities if the UK leaves the EU without a withdrawal agreement. For those areas covered by the TTP, firms do not generally need to prepare now to meet the changes to their UK regulatory obligations that are connected to Brexit.

The FCA’s statement clarifies that other than the additional time, the FCA’s approach to the use of the TTP remains unchanged from that previously communicated. Firms are reminded, in particular, that certain obligations will not be covered by the TTP: these include some significant areas such as reporting under EMIR and the MiFID II transaction reporting regime, which will present particular challenges for EEA firms operating in the EEA under the TPR. The FCA reiterates that it expects TPR firms to use the additional time between now and the end of October to prepare to meet these obligations and confirms that it will publish further information before exit day on how firms should comply with post-exit rules.

The PRA and BoE have published a related consultation paper, which provides an update on the BoE and PRA’s approach to the TTP. The consultation also briefly explains and consults on the proposals to amend further certain regulatory requirements to take account of changes to EU law taking effect between March and October 2019. On use of the TTP, the PRA and BoE confirm, consistent with the FCA, that the proposed adjusted fixed end date for the TTP directions will be 31 December 2020, and that the overall approach to use of the TTP remains generally unchanged from the approach previously outlined by the PRA and BoE.

PRA-regulated firms within the scope of the TPR are reminded that for the most part, the TTP will not apply to obligations arising in consequence of their status change upon entering the TPR. The PRA and BoE are also consulting on proposals to fix deficiencies arising from the UK’s withdrawal from the EU and to make consequential changes in light of the extension to the Article 50 period (in order to deal with EU binding technical standards (“BTS”) entering into force between March and October 2019). The PRA does not expect material changes to be required to address this. Changes required to take account of EU laws and regulations other than BTS remain the responsibility of HM Treasury, which is separately engaged on this exercise.  

 

Clive Cunningham

Clive Cunningham
Partner, London
+44 20 7466 2278

Katherine Dillon

Katherine Dillon
Of Counsel, London
+44 20 7466 2522

EMIR Refit Regulation: (Re)fit for purpose?

The EMIR Refit Regulation was published in the EU Official Journal on 28 May 2019. It is intended to amend EMIR to simplify certain requirements and reduce costs and burdens on corporates including amending clearing thresholds, reporting obligations and counterparty classification. The legislation will enter into force on 17 June 2019. While various aspects of EMIR Refit have phase-in periods, other elements of EMIR Refit will come into effect immediately. Clients are advised to act quickly to consider whether their obligations under EMIR have changed.

Our briefing (which can be found here) provides a summary of the key changes to clearing and reporting obligations under the new Regulation.

Nick May

Nick May
Partner, London
+44 20 7466 2617

Clive Cunningham

Clive Cunningham
Partner, London
+44 20 7466 2278

Katherine Dillon

Katherine Dillon
Of Counsel, London
+44 20 7466 2522

ESAs consultations: amendments to EMIR for securitisation issuers

In May 2018, the Joint Committee of the European Supervisory Authorities (“ESAs“) launched two consultations (the “Consultations“) to amend EMIR concerning (i) the clearing obligation and (ii) certain risk mitigation techniques for non-cleared OTC derivatives in respect of securitisation issuers.

Prior to the Consultations, the Securitisation Regulation amended EMIR to ensure one goal: consistency of treatment between derivatives entered into by covered bonds issuers; and derivatives entered into by simple, transparent and standardised (“STS“) securitisation issuers. Please click here to read our full briefing.

 

Dina Albagli

Dina Albagli
Partner, London
+44 20 7466 2390

Joy Amis

Joy Amis
Partner, London
+44 20 7466 2840

Jake Jackaman

Jake Jackaman
Partner, London
+44 20 7466 2883

Nick May

Nick May
Partner, London
+44 20 7466 2617

Michael Poulton

Michael Poulton
Partner, London
+44 20 7466 2777

No margin for error: the upcoming EMIR margin rules

EMIR is the centrepiece of the EU post financial crisis reform of derivatives markets and seeks to address perceived issues with counterparty credit risk and transparency. After a long and difficult consultation period, and some way behind other similar global initiatives, the next major piece of the EMIR framework will soon come into effect, which is the requirement for eligible counterparties to post margin on OTC derivative transactions.

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EU: EMIR timing for registration of trade repositories and reporting slips

The European Securities and Markets Authority (ESMA) has updated its EMIR implementation timetable.  ESMA now does not expect to make its decisions on the registration of the first trade repositories before 7 November 2013, rather than from 24 September as previously envisaged.  ESMA has indicated that the delay is in part attributable to difficulties faced by applicant trade repositories in ensuring the completeness of their applications (amongst other factors).  This means that ESMA does not expect that counterparties will start reporting to trade repositories before February 2014.
 

EU: ESMA begins detailing central clearing of OTC derivatives

The European Securities and Markets Authority (ESMA) has launched a Discussion Paper as a first step towards preparation for the regulatory technical standards (RTS) to implement provisions of the European Markets Infrastructure Regulation (EMIR) regarding the obligation to centrally clear OTC derivatives.  The consultation will assist in developing ESMA’s approach to determining those classes of OTC derivatives that need to be centrally cleared and the phase-in periods for the counterparties concerned.  Responses to the Discussion Paper are sought by 12 September 2013, and feedback received will be used to draft technical standards on the clearing obligation, on which there will be a further public consultation.   Continue reading