Provision of investment service in an incidental manner mustn't be a systematic source of income
- Category: Legal Alert
"Close and factual connection", "systematic source of income" and "promotion" became tokens distinguishing the exemption stipulated in Article 2(1)(c) MiFID II.
EUAs' alocations for the carbon market overruled!
- Category: Legal Alert
Judgment of the Court of 28 April 2016 (C‑191/14, C‑192/14, C‑295/14, C‑389/14 and C‑391/14 to C‑393/14) made market participants anxious.
This is on account of concerns that the legal certainty of the carbon market has been undermined.
The ruling applies to the EU ETS cross-sectoral correction factor (CSCF).
REMIT inside information RSS feeds and XML format - ACER explanations expected in Q3 2016
- Category: Legal Alert
ACER will provide specifications on how to embed the XML file into RSS compliant messages in Q3 2016 (Answer to the Question 6.1.2 FAQs on REMIT fundamental data and inside information reporting).
'Admission to trading at an organised market place' explained by ACER for REMIT reporting purposes
- Category: Legal Alert
On 31 March 2016 ACER issued the interpretation of the scope of standard contracts "admitted to trading" at an organised market place for the purposes of REMIT transactions and orders reporting scheme, with particular focus on broker platform traded contracts and voice-brokered contracts.
EMIR trade reports - clearing obligation explained
- Category: Legal Alert
The updated EMIR Q&As version of 4 April 2016 includes a new ESMA's clarification regarding the population of the "Clearing obligation" field in the EMIR trade reports.
The issue relates to the Field 28 Table 2 as specified in the Annex to the Commission Delegated Regulation (EU) No 148/2013 of 19 December 2012 supplementing Regulation (EU) No 648/2012 of the European Parliament and of the Council on OTC derivatives, central counterparties and trade repositories with regard to regulatory technical standards on the minimum details of the data to be reported to trade repositories (OJ L 52, 23.02.2013, p. 1).
ESMA explains how the description of the field should be interpreted, how it should be populated during the frontloading period and how long the counterparties are allowed to report value "X" (standing for "not available").
Legal alert
- Category: Legal Alert
Directive (EU) 2015/2193 of the European Parliament and of the Council of 25 November 2015 on the limitation of emissions of certain pollutants into the air from medium combustion plants (OJ L 313, 28.11.2015, p. 1–19)
EMIR reporting - backloading to be waived partially
- Category: Legal Alert
In the EMIR Review Report no. 4 of 13 August 2015 - ESMA input as part of the Commission consultation on the EMIR Review (2015/1254 the European Securities and Markets Authority (ESMA) recommends substantial modification to the EMIR reporting requirement i.e. waiving the obligation to report contracts which were terminated before the reporting start date (i.e. 12 February 2014).
Proposed amendment to Article 9(1) of Regulation (EU) No 648/2012 (second paragraph) is as follows:
The reporting obligation shall apply to derivative contracts which:
(a) were entered into before 12 February 2014 and remain outstanding on that date, or
(b) were entered into on or after 12 February 2014.
Updated implementation outline for European Union Internal Energy Market Network Codes
- Category: Legal Alert
See the updated implementation outline for European Union Internal Energy Market Network Codes.
ACER has published examples of transaction reporting under the REMIT scheme
- Category: Legal Alert
ACER has published examples of transaction reporting under the REMIT scheme - details see here.
EMIR II Consultation Document - no surprises
- Category: Legal Alert
The new EMIR II consultation brings, principally, no revelations. Among few exceptions is the fact that the European Commission's working document seeks market participants' views on the appropriateness of the hedging definition as well as on the proper calibration of the clearing thresholds.
These issues may be of major practical importance for non-financial counterparties.
Two Australian CCPs considered equivalent for emission allowances
- Category: Legal Alert
On 7 May 2015 a list of the recognised, equivalent third-country CCPs has been published for the purposes of the EMIR Regulation.
Among the first third-country CCPs are also the two Australian central counterparties authorised to clear emissions derivatives: ASX Clear (Futures) Pty Ltd, ASX Clear Pty Ltd. (OTC bilateral and OTC third country exchange).
The recognition allows the abovementioned third-country CCPs to provide clearing services to clearing members or trading venues established in the EU.
REMIT reporting implementation timeline
- Category: Legal Alert
REMIT implementing acts (Commission Implementing Regulation No 1348/2014 of 17 December 2014 on data reporting implementing Article 8(2) and Article 8(6) of Regulatio (EU) No 1227/2011 of the European Parliament and of the Council on wholesale energy market integrity and transparency (OJ L 363, 18.12.2014)) enter into force on 7 January 2015.
The REMIT implementing acts were published yesterday in the Official Journal of the European Union and will enter into force 20 days later, that is to say on 7 January 2015. The REMIT implementation timeline can now be defined as follows:
Registration of market participants by National Regulatory Authorities at national level shall be opened no later than 17 March 2015.
Reporting obligation for reportable wholesale energy supply and derivatives contracts executed at organised marketplaces and for ENTSO-E and ENTSOG fundamental data will apply from 7 October 2015.
Reporting obligation for other reportable wholesale energy market contracts (OTC standard and non-standard supply and derivatives contracts, transportation contracts) and for additional fundamental data will apply from 7 April 2016.
Source: ACER