Financial Regulation Weekly Bulletin – 8 February 2024

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Includes developments in relation to: data sharing; AI regulation; SDR; instant transfers in euro; RTGS; MiFID II; MiFIR; ESG ratings; EMIR 3; CCP resolution; MAR; AIFMD; UCITS; Solvency II; and non-financial misconduct.

General

  • Facilitating data sharing and re-use - European Parliament publishes report on proposed Regulation
  • Pro-innovation approach to AI regulation - UK Government publishes consultation response
  • SDR and investment labels regime - FCA publishes webpage
  • Approach to cost benefit analysis - FCA and PSR publish documents

Banking and Finance

  • Instant transfers in euro - European Parliament votes to adopt new rules
  • Enhancing Real-Time Gross Settlement - Bank of England publishes discussion papers

Securities and Markets

  • Proposed Directive and Regulation to improve MiFID II market data access and transparency - Council of the European Union publishes texts
  • Proposed Regulation on ESG rating activities - Council of the European Union and the European Parliament reach provisional agreement
  • EMIR 3 - Council of the European Union and the European Parliament reach provisional agreement
  • Withdrawal of recognition as third-country CCP under EMIR - ESAs Board of Appeal confirms ESMA’s decision
  • CCP resolution regime - ESMA publishes guidelines
  • Requirements under MAR and posting investment recommendations on social media - ESMA issues warning

Asset Management

  • Proposed Directive amending AIFMD and UCITS Directive - European Parliament adopts proposed Directive

Insurance

  • Provisional equivalence of US under Solvency II - European Commission publishes consultation
  • Non-financial misconduct - FCA issues survey for Lloyd's and London market intermediaries and managing general agents

Financial Crime

  • Reducing and preventing financial crime - FCA outlines areas of focus

Enforcement

  • Nvayo Limited v The Financial Conduct Authority [2024] UKUT 00035 (TCC)