Financial Regulation Weekly Bulletin – 4 January 2024

3 min read

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.

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