Legal Alert
Regulatory overview May 2022
- Category: Legal Alert
European Commission decision on the adoption of the answers to be provided to questions submitted by the ESAs under Article 16b(5) of Regulation (EU) No 1093/2010, C(2022) 3051 final
Questions related to Regulation (EU) 2019/2088 on SFDR
Related articles:
Mandate to the ESAs to develop SFDR RTS on product exposures to gas and nuclear activities
Related article: SFDR
ESMA objects to European Commission’s proposed amendments on its draft ITS on insider lists
Related article: Insiders lists in the carbon market under the Market Abuse Regulation
Mandate to ESAs on PAI product
Related article: Principal Adverse Sustainability Impacts (PAI)
EBA Discussion paper on the role of environmental risk in the prudential framework
Related article: ESG (environmental, social, governance) sustainability factors
The result paper of the public consultation on SIDC Products, NEMO Committee
Related article: Single intraday coupling (SIDC)
ESMA publishes the annual LIS and SSTI calculations for bonds and the quarterly bond liquidity assessment
Related article: Transparency (MiFID)
French energy regulator (CRE) fines EDF with the first sanction for insider trading under REMIT, and EDF Trading Limited (EDFT) for market manipulation
Related article: Market manipulation prohibition under REMIT
ESMA publishes six Final Reports on the CCPs resolution regime under the CCP Recovery and Resolution Regulation (CCPRRR)
Related article: Central counterparty (CCP)
ESMA Final Report, Draft RTS on safeguards for clients and indirect clients (Article 63(2) of CCPRRR), ESMA91-372-2065
Related article: Indirect clearing
SFDR queries forwarded to the Commission, JC 2022 26
Related article: SFDR
ACER Public Consultation on the amendments of the Implementation Frameworks for the European Platforms for the exchange of balancing energy from frequency restoration reserves with with manual activation, the exchange of balancing energy from frequency restoration reserves with automatic activation, and the imbalance netting process, PC_2022_E_03
Related articles:
Frequency Restoration Reserve (FRR)
The Council adopts a revised Trans-European Networks for Energy (TEN-E) Regulation
Related article: Regulation on Trans-European Energy Networks (TEN-E Regulation)
Commission Delegated Regulation (EU) 2022/749 of 8 February 2022 amending the regulatory technical standards laid down in Delegated Regulation (EU) 2017/2417 as regards the transition to new benchmarks referenced in certain OTC derivative contracts published in the EU Official Journal - the Regulation amends derivatives trading obligation due to the cessation of the publication of LIBOR settings
Related article: MiFID II trading obligation for derivatives
Commission Delegated Regulation (EU) 2022/750 of 8 February 2022 amending the regulatory technical standards laid down in Delegated Regulation (EU) 2015/2205 as regards the transition to new benchmarks referenced in certain OTC derivative contracts published in the EU Official Journal
Related article: OTC interest rate derivatives' mandatory clearing
ACER to decide on the Swedish TSO’s request for derogation from 70% requirement
Related article: Cross-zonal capacity
Commission Delegated Regulation (EU) 2022/759 of 14 December 2021 amending Annex VII to Directive (EU) 2018/2001 of the European Parliament and of the Council as regards a methodology for calculating the amount of renewable energy used for cooling and district cooling
Related article: Directive on the promotion of the use of energy from renewable sources (RED)
The ACER calls on the European Commission:
- to extend in the possible review of the Forward Capacity Allocation Regulation the time horizon for the allocation of cross-zonal capacities beyond one year to stimulate liquidity in forward markets in longer horizons and
- to mandate TSOs to allocate long-term cross-zonal capacities in a way that enables the ‘coupling’ of national forward markets.
Related articles:
Network Code on Forward Capacity Allocation (FCA)
Questions and Answers on MiFID II and MiFIR transparency topics, ESMA70-872942901-35 updated
Related article: Transparency (MiFID)
9th ACER Report On Congestion In The EU Gas Markets And How It Is Managed, Period covered: 2021
Related article: Congestion
European Commission Communication Short-Term Energy Market Interventions and Long Term Improvements to the Electricity Market Design – a course for action (COM(2022) 236 final)
European Commission Communication, REPowerEU Plan, COM(2022) 230 final
Related articles:
Energy Efficiency Directive (EED)
Commission Staff Working Document, Investment Needs, Hydrogen Accelerator and Achieving the Bio-Methane, SWD/2022/230 final
Related article: Hydrogen use in the energy sector
Commission Recommendation on speeding up permit-granting procedures for renewable energy projects and facilitating Power Purchase Agreements
Related article: Power Purchase Agreement (PPA)
Commission Implementing Regulation on rules to verify sustainability and greenhouse gas emissions saving criteria and low indirect land-use change-risk criteria
Related article: Biomass
Communication from the Commission Publication of the total number of allowances in circulation in 2021 for the purposes of the Market Stability Reserve under the EU Emissions Trading System established by Directive 2003/87/EC and of the number of unallocated allowances during the period 2013-2020 2022/C 195/02, C/2022/2780
Related article: EU ETS Market Stability Reserve (MSR)
Commission Delegated Regulation (EU) 2022/803 of 16 February 2022 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council by specifying rules of procedure for the exercise of the power to impose fines or periodic penalty payments by the European Securities Markets Authority regarding data reporting service providers published in the EU Official Journal
Related article: Data Reporting Services Provider (DRSP)