05 Jan 2024

Financial Regulation Weekly Bulletin – 4 January 2024

Includes developments in relation to: climate-related risks; cyber resilience; EU taxonomy; CSDDD; transition finance; mutual recognition between UK and Switzerland; CRR III; CRD VI; SSM; open banking; ESG; EMIR; digital securities sandbox; UK listings; UK MAR; MiFID II; benchmarking; IFD; non-life underwriting risk; IDD; and complaints against the FCA.

Click on the headings below to access each section:

 

General

  • Managing climate-related financial stability risks - ECB and ESRB publish joint report
  • Cyberattack resilience - ECB announces stress test
  • EU Taxonomy - European Commission publishes adopted guidance
  • CSDDD - Provisional political agreement reached, including on financial sector inclusion
  • Transition Finance Market Review - Announced by HM Treasury and the Department for Energy Security and Net Zero
  • 2023 CBEST - Bank of England, FCA and PRA publish thematic findings
  • The Financial Services and Markets Act 2000 (Financial Promotion) (Amendment) (No. 2) Order 2023

Beyond Brexit

  • The Retained EU Law (Revocation and Reform) Act 2023 (Commencement No. 1) Regulations 2023
  • Mutual recognition in financial services - HM Treasury announces agreement between UK and Switzerland
  • BMR - ESMA updates its statement on the impact of Brexit

Banking and Finance

  • CRR III and CRD VI - EBA publishes roadmap, consultations and discussion paper
  • SSM - ECB updates its methodology for SREP
  • Approach to resolution - publication updated by the Bank of England
  • Open Banking Update - Joint Regulatory Oversight Committee outlines actions enabling the next phase of progress

Securities and Markets

  • ESG rating activities - Council of the European Union agrees negotiating mandate on proposed Regulation
  • EMIR - ESMA publishes final report on its guidelines on position calculation under EMIR Refit
  • The Financial Services and Markets Act 2023 (Digital Securities Sandbox) Regulations 2023
  • The Financial Services and Markets Act 2023 (Benchmarks and Capital Requirements) (Amendment) Regulations 2023
  • FMI requirements powers - Bank of England launches consultation on approach to statutory notice decisions
  • UK EMIR margin requirements for non-centrally cleared derivatives - PRA and FCA publish joint Policy Statement (PRA PS18/23 and FCA PS23/19)
  • UK listings and other market improvements - FCA consults on new listing regime, transparency for bond and derivative markets and issues policy on consolidated tape
  • Notification and disclosure of net short positions - FCA updates webpage
  • Article 10 UK MAR, ESG stewardship and sponsor procedures - FCA publishes Primary Market Bulletin 46
  • Ancillary activities exemption for commodity derivatives under MiFID II - FCA continues approach

Asset Management

  • Diversity under CRD IV and IFD - EBA publishes final report on draft guidelines on benchmarking practices
  • Selling client banks - FCA publishes statement

Insurance

  • Value for money benchmarks - EIOPA launches consultation
  • Non-life underwriting risk in internal models - EIOPA publishes comparative study
  • The Financial Services and Markets Act 2000 (Regulated Activities) (Amendment) Order 2024
  • IDD - Policy Statement with final rules published by FCA (PS23/18)

Enforcement

  • IRHP further redress judicial review claim - reply to FCA grounds of defence published
  • Oversight of Premier FX - Final report and FCA response published
  • Upheld complaint - Office of the Complaints Commissioner publishes final report and FCA publishes response

 

 

This material is provided for general information only. It does not constitute legal or other professional advice.

Contact Information
Selmin Hakki
PSL Counsel at Slaughter and May