Legal Alert
Regulatory overview April 2022
- Category: Legal Alert
Council agrees its position on European Green Bonds
Related article: EU Green Bond Standard (EU GBS)
Template: Principal Adverse Sustainability Impacts Statement
Related article: Principal Adverse Sustainability Impacts (PAI)
Commission Delegated Regulation supplementing Regulation (EU) 2019/2088 of the European Parliament and of the Council with regard to regulatory technical standards specifying the details of the content and presentation of the information in relation to the principle of ‘do no significant harm’, specifying the content, methodologies and presentation of information in relation to sustainability indicators and adverse sustainability impacts, and the content and presentation of the information in relation to the promotion of environmental or social characteristics and sustainable investment objectives in pre-contractual documents, on websites and in periodic reports adopted by the European Commission
Related article: SFDR
Derivatives assessed as non-prioritised asset classes for consolidated tape.
Related article: Consolidated tape
In the REMIT Q+A 27th edition updated on 31 March 2022 the ACER explained the qualification of contracts concluded by the RES (Renewable Energy Sources) aggregator vs. RES producers and the entity responsible for Feed-in-Premium (FIP) remuneration.
ACER also clarified that contracts related to the guarantees of origin are assimilable to contracts related to green certificates, are not considered to be related to wholesale energy products (as they do not fulfil the requirements set out in Article 2(4) of REMIT) and are thus not reportable under REMIT (the same applies to contracts related to emission allowances).
Related article: Wholesale energy products under the REMIT Regulation
The 13th edition of the FAQs on REMIT transaction reporting provides new FAQs:
- on data fields related to standard contracts under Q 2.1.53;
- on trading examples related to market coupling under Q 2.2.13;
- on reporting lifecycle events under Q 2.4.12; and
- on the reporting of gas transportation contracts under Q 4.2.24.
In addition, Q.2.4.9 on OTC clearing and Q.4.2.1 on reporting gas transportation contracts have been updated.
Related article: Frequently Asked Questions (FAQs) on REMIT transaction reporting
ESMA makes available ISINs before second publication of annual transparency calculations
Related article: International Securities Identification Number (ISIN)
ESMA publishes the annual transparency calculations for non-equity instruments and the quarterly systematic internaliser calculations
Related articles:
Systematic internaliser (SI) in MiFID II - a counterparty, not a trading venue
- Commission Delegated Regulation (EU) 2022/629 of 12 January 2022 amending the regulatory technical standards laid down in Delegated Regulation (EU) 2017/583 as regards adjustment the liquidity thresholds and trade percentile used to determine the size specific to the instrument applicable to certain non-equity instruments published in the EU Official Journal
- ESMA publishes complementary annual transparency calculations
- ESMA publishes the list of instruments (ISINs) that will complement the results of the annual transparency calculations for equity and equity-like instruments on 8 April 2022
- ESMA postpones RTS 2 Annual Review
Related article: Transparency (MiFID)
Questions and Answers on the Benchmarks Regulation (BMR), ESMA70-145-114, Version 24, updated - Answer 10.6 modified
Related article: EU Climate Benchmark
ACER Decision 04/2022 of 31 March 2022 on the Regional Coordination Centre Post-Operation and Post-Disturbances Analysis and Reporting Methodology
Related article: Regional Coordination Centre (RCC)
ESMA Questions and Answers on SFTR data (ESMA74-362-893) updated, amended Question 12 Currency for the Overview and Margin reports
Related article: Regulation on transparency of securities financing transactions and of reuse (SFTR)
ESMA Questions and Answers on MiFIR data reporting (ESMA70-1861941480-56) updated
Related article: MiFID II transaction reporting
According to the ACER, REMIT Implementing Regulation is sufficiently clear when it indicates that the delegation of a counterparty is aimed at facilitating the reporting without being mandatory (Outcome of the consultation on the Transaction Reporting User Manual (TRUM) V.5.0 and Annex II to the TRUM v4.1, ACER, 31 March 2022).
Related article: REMIT - Records of wholesale energy market transactions
The European Commission awards over €1 billion to innovative projects for the EU climate transition
The European Commission launches the second call for small-scale projects under the Innovation Fund
Related article: Innovation Fund
ACER Decision 05/2022 of 7 April 2022 on the Definition of System Operation Regions (SOR)
Related article: System Operation Region (SOR)
Commission Delegated Regulation (EU) 2022/564 of 19 November 2021 amending Regulation (EU) No 347/2013 of the European Parliament and of the Council as regards the Union list of projects of common interest published in the EU Official Journal
Related article: Regulation on Trans-European Energy Networks (TEN-E Regulation)
REMIT reporting impacts of the the bidding zone reconfiguration explained in the 13th edition of the ACER FAQs on REMIT transaction reporting of 31 March 2022
Related article: Bidding zone - a cornerstone of market-based electricity trading
Resell of gas capacity concluded outside an organised market explained in the 13th edition of the ACER FAQs on REMIT transaction reporting of 31 March 2022
Related article: REMIT reporting - resell of gas capacity concluded outside an organised market
Harmonised maximum clearing price for SDAC to be set to +4,000 EUR/MWh from 10th May
Related article: Single day-ahead coupling (SDAC)
ACER/CEER Reflection on EC offshore strategy
Related article: Renewable Energy Sources (RES)
Monitoring the margin of capacity available for cross-zonal trade pursuant to Article 16(8) of the Electricity Regulation, Practical note jointly developed by ACER and the National Regulatory Authorities
Related article: Cross-zonal capacity
Proposal for a Directive of the European Parliament and of the Council amending Directive 2010/75/EU of the European Parliament and of the Council of 24 November 2010 on industrial emissions (integrated pollution prevention and control) and Council Directive 1999/31/EC of 26 April 1999 on the landfill of waste, COM(2022) 156 final/2, 2022/0104 (COD)
Related article: Industrial Emissions Directive (IED)
FIRDS Reference Data XML Schema v1.2.1
FIRDS Reference Data Functional Specifications v2.10
Related article: Financial Instruments Reference Data System (FIRDS)
ACER Decision 06/2022 on the First Amendment of the Core Intraday Common Capacity Calculation Methodology
Related articles:
Capacity Calculations Regions (CCRs) - the key architecture of the EU Internal Electricity Market