- Bilateral margining requirements: On 4 May, the ESAs published
draft RTS to incorporate a one-year deferral of the two implementation phases
of the bilateral margining requirements.
- MiFID II compliance: On 6 May, ESMA issued a statement
on risks for retail investors in the current market environment and reminding
investment firms of key conduct of business obligations when servicing retail
- UK announcements: On 7 May, the BoE and PRA issued announcements
regarding flexibility on resolution requirements, the effective removal of
Pillar 2A capital requirements and a general statement on prioritisation in
light of COVID addressing issues including climate change and LIBOR transition.
- Our sister organisation GFMA (FX Division) and ISDA have co-signed a letter on EMIR Refit requesting a reflexible and pragmatic approach to ESMA's supervision of the regulation amid COVID-19. April 27
- Regulatory reporting: On 22 April the FCA announced an extension of the submission deadlines for various regulatory returns. The extension applies for submissions that are due up to and including 30 June 2020.
ESMA issued on (9 April) a public statement postponing MiFID/MiFIR publication dates:
- The publication of the annual non-equity
is now 15 July 2020 – previously due
by 30 April 2020. Their application will be now
15 September 2020 –
previously 1 June 2020, and the transitional transparency calculations
will apply until 14 September 2020
- The publication of the systematic
internaliser data for derivatives, ETCs, ETNs, emission allowances and
structured finance products
is now due by 1 August 2020 –
previously due 1 May 2020, and the mandatory regime will apply from
- The publication and application
transparency calculation for bonds continues to be applicable
from 1 June 2020
- Basel Committee and IOSCO announce deferral of final implementation phases of the margin requirements for non-centrally cleared
- The timelines for responding to the European Commission banking and finance consultations launched by Directorate‑General for Financial Stability, Financial Services and Capital Markets Union have been extended (updated - 3 April):
- The review of the MiFID II/MiFIR regulatory framework
deadline has been extended until 18 May 2020.
- The revision of the non-financial reporting directive deadline has been extended until 11 June 2020.
- AFME response to the Pre-Emption Group (PEG) announcement on relaxation of pre-emption rights for share issuance (1 April)
- ESMA issued a no-action relief statement
for the upcoming best execution reporting deadlines for execution venues
and investment firms under MiFID 2/R
Tick size regime changes (operational risks in pursuing implementation by 26 March)
- Regulatory developments: ESMA issued a statement, supported by the FCA, noting that ESMA expects competent authorities not to prioritise their supervisory actions in relation to the new tick-size regime from 26 March, the application date, until 26 June 2020, and to generally apply their risk-based supervisory powers in their day-to-day enforcement of applicable legislation in this area in a proportionate manner. AFME also issued a statement.
SFTR (operational/stability risks in implementing reporting obligations by 11 April)
- AFME is a Member of the EFSA and sent a request for postponing the entry into force of SFTR 18 March
- Regulatory developments: ESMA issued a statement, supported by the FCA, noting that ESMA expects competent authorities not to prioritise their supervisory actions towards entities subject to Securities Finance Transactions (SFT) reporting obligations as of 13 April 2020 and until 13 July 2020. ESMA also expects TRs to be registered sufficiently ahead of the next phase of the reporting regime, i.e. 13 July 2020, for credit institutions, investment firms, CCPs and CSDs and relevant third-country entities to start reporting as of this date. ESMA issued an updated statement on 26 March providing further clarifications.
Margin Requirements for Non-Centrally Cleared Swaps: AFME/GFMA co-signed a joint trades letter to BCBS and IOSCO requesting a suspension of the IM phase-in.
Initiative on Keeping European Markets Open
- AFME and other trade associations issued a joint statement on 20 March addressed to EU and UK authorities to emphasise the importance of keeping the European financial markets open during this period.
- In the days that followed, European and global authorities issued communications pledging to ensure open and functioning markets. They include:
ESMA issued a statement extending the response date for all ongoing consultations with a closing date on, or after, 16 March by four weeks.
The four-week extension applies to the following open consultations:
Consultation on MiFIR report on SI
Guidelines on securitisation repository data completeness and consistency thresholds
Consultation on MiFID II/ MiFIR review report on the transparency regime for equity
Draft Regulatory Technical Standards under the Benchmarks Regulation
Draft technical standards on the provision of investment services and activities in the Union by third-country firms under MiFID II and MiFIR
Consultation paper on MiFIR Review Report on Transparency for Non-equity TOD