DEA sub-delegation legal dilemmas
- Category: MiFID II/MiFIR
DEA users sub-delegating DEA to Tier 2 clients trading on own account or executing client orders should be authorised as investment firms - true or false?
Regulatory basics for hydrogen business
- Category: Hydrogen
Long term use-it-or-lose-it mechanism, TPA and unbundling for hydrogen networks will impact any business plan involving future energy systems.
Sustainable investment - intellectual high-tech?
- Category: Taxonomy
As ESG reporting framework matures, so does the information overload for investors. Specialist jargon, such as “taxonomy” or “does not significantly harm”, are often not understood, especially at the retail level.
One can even argue that subtle distinctions between:
- “sustainable investments” (as defined in the Sustainable Finance Disclosure Regulation - SFDR) and
- investments that are “taxonomy-aligned” (as defined in the Taxonomy Regulation)
are more suitable to be debated within academic discourse rather than practically applied in a day-to-day business practice.
Import of electricity or natural gas into the EU - obligations under the REMIT
- Category: REMIT
Specific REMIT clause in the contract is needed when company imports electricity or natural gas into the EU.
Green finance disclosures - supervisory expectations during the interim period
- Category: Taxonomy
As most of the provisions on sustainability-related disclosures laid down in the SFDR have started applying from 10 March 2021 and the product-related taxonomy disclosures apply for financial products with respect to the climate change mitigation and climate change adaptation from 1 January 2022, single rulebook on taxonomy disclosures has been established (although on a temporary basis).
It is regrettable that, on account of legislative delays, once more supervisory authorities replace in this role authorised legislative bodies.
Repurposing of natural gas for hydrogen assets - grandfathering of authorisations
- Category: Hydrogen
Under the new EU draft Directive authorisations granted under national law for the construction and operation of existing natural gas pipelines and other network assets will be grandfathered in the administrative permit granting processes for the deployment of hydrogen production facilities and hydrogen system infrastructure.
According to the draft law conditions for these licences in case of such repurposing must not materially change as compared to natural gas.