European Council adopted a regulation improving the existing regulatory framework applicable to the market for over-the-counter (OTC) derivatives. This regulation, which simplifies certain aspects of the European Market Infrastructure Regulation (EMIR), will be signed in the week of May 20 and will enter into force 20 days after its publication in the Official Journal of the European Union.
The rule introduces a new category of "small financial counterparties," which will be exempted from the obligation to clear their transactions through a central counterparty (CCP), while remaining subject to risk-mitigation obligations. Smaller non-financial counterparties will also have reduced clearing obligations. In addition, the text extends by another two years (further extendable twice by an additional year) the temporary exemption from the clearing obligation of pension scheme arrangements. The updated rules also streamline the existing reporting obligations to improve the quality of the data reported, make the supervision more effective, and increase access to clearing by removing the existing unnecessary obstacles. All of this translates into simplified rules for non-financial counterparties, small financial counterparties, and pension funds using financial derivative products.
EMIR, which was adopted in 2012, forms part of the European regulatory response to the financial crisis and specifically addresses the problems encountered in the functioning of the OTC derivatives market during the 2007-2008 financial crisis. This regulation amends and simplifies EMIR to address disproportionate compliance costs, transparency issues, and insufficient access to clearing for certain counterparties.
Effective Date: OJ+20 Days
Keywords: Europe, EU, Banking, Securities, FMI, OTC Derivatives, EMIR, Reporting, Pension Funds, CCPs, Clearing Obligation, Capital Markets Union, European Council
Previous ArticleEuropean Council Adopts Package on CRD 5, CRR 2, BRRD 2, and SRMR 2
EBA issued a revised list of validation rules with respect to the implementing technical standards on supervisory reporting.
EBA published its response to the call for advice of EC on ways to strengthen the EU legal framework on anti-money laundering and countering the financing of terrorism (AML/CFT).
NGFS published a paper on the overview of environmental risk analysis by financial institutions and an occasional paper on the case studies on environmental risk analysis methodologies.
MAS published the guidelines on individual accountability and conduct at financial institutions.
APRA published final versions of the prudential standard APS 220 on credit quality and the reporting standard ARS 923.2 on repayment deferrals.
SRB published two articles, with one article discussing the framework in place to safeguard financial stability amid crisis and the other article outlining the path to a harmonized and predictable liquidation regime.
FSB hosted a virtual workshop as part of the consultation process for its evaluation of the too-big-to-fail reforms.
ECB updated the list of supervised entities in EU, with the number of significant supervised entities being 115.
OSFI published the key findings of a study on third-party risk management.
FSB is extending the implementation timeline, by one year, for the minimum haircut standards for non-centrally cleared securities financing transactions or SFTs.