Regulation (EU) 2021/168 amending Regulation (EU) 2016/1011 as regards the exemption of certain third-country spot foreign exchange benchmarks and the designation of replacements for certain benchmarks in cessation, and amending Regulation (EU) No 648/2012

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Series Details L 49, Pages 6-17
Publication Date 12/02/2021
Content Type , , ,

Summary:

Regulation (EU) 2021/168 - formally signed by the co-legislators on 10 February 202 - introducing a number of amendments to Regulation (EU) 2016/1011 on common standards to prevent manipulation of benchmarks, and also to Regulation (EU) No 648/2012. This is a text with EEA relevance.

Further information:

Regulation (EU) 2016/1011 sets common standards for the European Union (EU) aimed at preventing manipulation of benchmarks that could affect the price of financial instruments, or financial contracts such as loans and mortgages. Benchmarks are indices used to price financial instruments and contracts or to measure the performance of an investment fund. Regulation (EU) No 648/2012 lays down rules regarding over-the counter (OTC) derivative contracts, central counterparties (CCPs) and trade repositories.

The proposal for this Regulation was put forward to ensure that when a widely used benchmark is phased out, it does not cause disruptions to the economy and harm financial stability in the EU. The cessation of widely used benchmark became a realistic prospect, as the United Kingdom's Financial Conduct Authority - which supervises the London Interbank Offered Rate (LIBOR) - announced that it would stop supporting this benchmark at the end of 2021 and expected its cessation shortly thereafter.

The legislative initiative was tabled by the European Commission on 24 July 2020. The Council of the European Union adopted its general approach concerning this initiative on 7 October 2020. The plenary session of the European Parliament endorsed a negotiating position on 25 November. An informal agreement between the co-legislators on this initiative was reached on 30 November. This was endorsed by the Parliament on 19 January 2021, followed by the Council on 2 February. The Act was signed by the co-legislators on 10 February 2021 and published in the Official Journal on 12 February 2021.

Source Link Link to Main Source http://data.europa.eu/eli/reg/2021/168/oj
Related Links
Official
EUR-LEX: COM(2020)337: Proposal for a Regulation amending Regulation (EU) 2016/1011 as regards the exemption of certain third country foreign exchange benchmarks and the designation of replacement benchmarks for certain benchmarks in cessation https://eur-lex.europa.eu/legal-content/EN/ALL/?uri=COM:2020:337:FIN
EUR-Lex: SWD(2020)142: Staff Working Document accompanying the Proposal - Impact Assessment https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2020:142:FIN
EUR-Lex: SWD(2020)143: Staff Working Document accompanying the Proposal - Executive Summary of the Impact Assessment https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=SWD:2020:143:FIN
European Parliament: Legislative Observatory 2020/0154(COD): Procedure File for Proposal on Exemption of certain third country foreign exchange benchmarks and the designation of replacement benchmarks for certain benchmarks in cessation https://oeil.secure.europarl.europa.eu/oeil/popups/ficheprocedure.do?lang=en&reference=2020/0154(COD)
European Commission: Publications: Commission's proposal to amend EU rules on financial benchmarks https://ec.europa.eu/info/publications/200722-proposal-benchmarks_en
European Parliament: Legislative Train Schedule: Review of the Benchmark Regulation https://www.europarl.europa.eu/legislative-train/theme-an-economy-that-works-for-people/file-review-of-the-benchmark-regulation/12-2020
European Commission: Press Release, 24/07/2020: Financial stability: Commission addresses risks of Libor cessation https://ec.europa.eu/commission/presscorner/detail/en/ip_20_1376
European Commission Coronavirus response: How the Capital Markets Union can support Europe's recovery (24 July 2020) https://ec.europa.eu/commission/presscorner/detail/en/qanda_20_1377
Council of the European Union: Press Release, 07/10/2020: Benchmark Regulation: Council adopts position on amendments addressing LIBOR cessation https://www.consilium.europa.eu/en/press/press-releases/2020/10/07/benchmark-regulation-council-adopts-position-on-amendments-addressing-libor-cessation/
European Commission: Press Release, 30/11/2020: The EU prepares for the end of LIBOR: the Commission welcomes the agreement reached between the European Parliament and the Council on financial benchmarks https://ec.europa.eu/commission/presscorner/detail/en/statement_20_2270
Council of the European Union: Press Release, 09/12/2020: Council endorses new rules addressing cessation of financial benchmarks https://www.consilium.europa.eu/en/press/press-releases/2020/12/09/council-endorses-new-rules-addressing-cessation-of-financial-benchmarks/
Council of the European Union: Press Release, 02/02/2021: Financial benchmarks: Council adopts new rules addressing LIBOR cessation https://www.consilium.europa.eu/en/press/press-releases/2021/02/02/financial-benchmarks-council-adopts-new-rules-addressing-libor-cessation/

News
Reuters, 24/07/2020: EU readies itself for demise of Libor interest rate https://www.reuters.com/article/idUSL5N2EU72U

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