Risk and Regulation Monthly - REGULATORY STRATEGY EMEA - Deloitte

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Risk and Regulation Monthly - REGULATORY STRATEGY EMEA - Deloitte
CENTRE for
                              REGULATORY
                              STRATEGY
                              EMEA
Risk and Regulation Monthly
May 2020
Contents

 CONTENTS
 HIGHLIGHTS
 COVID-19
 BANKING
 CAPITAL MARKETS
 INVESTMENT MANAGEMENT
 CENTRAL BANK OF IRELAND
 OTHER
 CONTACTS

Highlights

COVID-19 and its economic impact continued to dominate the news agenda throughout April.

At the European level, the ECB announced that it was changing its rules so that it will accept
bonds that lose their investment-grade credit rating as collateral in exchange for cheap liquidity
funding available to banks. Any bonds rated as investment grade on April 7 will continue to be
eligible even if they are downgraded below the triple-B level by the main credit rating agencies as
long as their rating remains no more than two notches below investment grade. However, these
assets will be subjected to “haircuts” to reduce their value as collateral based on their latest credit
rating.

For a full list of COVID-19 related regulatory, monetary and fiscal policy initiatives, please see our
report available here.
COVID-19
EU
EBA
     Statement on supervisory reporting and Pillar 3 disclosures, share buy-
      backs and remuneration, and financial crime in the context of COVID-19
     Guidelines on treatment of public and private moratoria in light of COVID-19
      measures
     Guidance on supervisory flexibility in relation to COVID-19, covering market
      risk, SREP, operational resilience and recovery planning
ECB - SSM
     Interview with Andrea Enria, Chair of the supervisory board of the ECB, on
      Bloomberg TV, regarding restrictions to European bank distributions

     Article by Andrea Enria, Chair of the supervisory board of the ECB, on how
      European banking supervision can help fight the economic consequences of
      the COVID-19 crisis in Europe

     Statement on measures to provide temporary relief for capital requirements
      for market risk
     Interview with Andrea Enria, Chair of the Supervisory Board of the ECB, with
      El Confidencial on supervisory measures in response to the COVID-19 crisis
ECB Central Bank
     Statement supporting macroprudential policy actions taken in response to
      the COVID-19 crisis
     Communication on the collection of statistical information in the context of
      COVID-19
     Statement on loosened collateral eligibility rules to mitigate the possible
      effect of ratings downgrades
     Statement on new pandemic emergency longer-term refinancing operations
      (PELTROs)
     Statement on revisions to targeted lending operations
ECOFIN
     Report on the comprehensive economic policy response to the COVID-19
      pandemic
     Statement of EU ministers of finance on continuing bank lending and on
      maintaining a well-functioning insurance sector
     Document containing a roadmap for recovery towards a more resilient,
      sustainable and fair Europe
ESMA
     Clarification of issues around publication of best execution reports under
        RTS 27 and 28 of MiFID II
       Risk assessment updated in light of the COVID-19 pandemic

       Statement on actions to mitigate the impact of COVID-19 on deadlines for
        the publication of periodic reports by fund managers
       Extension of MiFID II/MiFIR transparency review report consultation

       Postponement of publication dates for annual non-equity transparency
        calculations and quarterly systematic internaliser (SI) data
       Statement on actions to mitigate the impact of COVID-19 on the EU
        financial markets regarding external audit requirements for interest rate
        benchmarks under the BMR
       Issued opinions agreeing to the renewal of five emergency restrictions on
        short selling
       New Q&As on alternative performance measures (APM) in the context of
        COVID-19
SRB
       Letter to banks on potential operational relief measures related to COVID-19
       Blog by Elke Konig, chair at the SRB, on the SRB's approach to MREL targets
        in light of the COVID-19 crisis
Int’l
BIS
       Measures to alleviate the impact of COVID-19 on global banking systems
       Speech by Mr Stefan Ingves, Governor of the Sveriges Riksbank, on the
        Riksbank's measures to mitigate the effects of the corona crisis on the
        economy
       Report on COVID-19, cash, and the future of payments
       Paper on the macroeconomic spillover effects of COVID-19 on the global
        economy
       Speech by Jerome H Powell, Chair of the Board of Governors of the Federal
        Reserve System, on COVID-19 and the economy
       Interview with Luis de Guindos, Vice-President of the ECB, on the COVID-19
        crisis and the approach to recovery
       Interview with Christine Lagarde, President of the ECB, on responses and
        potential future measures to tackle the COVID-19 crisis
       Financial Stability Institute Brief No.1: Reflections on regulatory responses
        to the COVID-19 pandemic
    Remarks by Ms Isabel Schnabel, Member of the Executive Board of the
      European Central Bank, on the corporate governance implications of COVID-
      19
     Research paper on COVID-19 and operational resilience: addressing
      financial institutions' operational challenges in a pandemic
     Speech by Benoit Coeuré, Head of the BIS Innovation Hub, on the value of
      resilience and technology in tackling the COVID-19 crisis
     Interview of Luis de Guindos, Vice-President, on the ECB's approach and
      response to the COVID-19 crisis
     Note on expected credit loss provisioning under a global pandemic
     Research paper on COVID-19 and corporate sector liquidity
     Paper on public guarantees for bank lending in response to the COVID-19
      pandemic
     Leverage and margin spirals in fixed income markets during the COVID-19
      crisis
FSB
     FSB members take action to ensure continuity of critical financial services
      functions
     Report on financial stability implications and policy measures taken in
      response to COVID-19
     FSB Sub-Saharan Africa group held a conference call to discuss regional
      financial stability and the impact of COVID-19
IMF
     Blog on global uncertainty related to COVID-19 reaching a record high

     Blog on "Cash buffers for a rainy day" to tackle COVID-19-related challenges

     Policy paper on enhancing the Emergency Financing Toolkit in relation to
      responding to COVID-19
     Executive Board Approves Proposals to Enhance the Fund’s Emergency
      Financing Toolkit to US$100 Billion
     IMF Executive Board approves immediate debt service relief for 25 countries
     Blog post entitled "The Great Lockdown: Worst Economic Downturn Since
      the Great Depression"

     Blog on fiscal policies countries could employ to contain the damage from
      COVID-19
     Blog on Economic Policies for the COVID-19 War
IOSCO
    Statement on Application of Accounting Standards during the COVID-19
     Outbreak
    Reprioritised IOSCO work programme addressing impact of COVID-19

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Banking
Prudential
EU
EBA
       Basel III monitoring report and report on liquidity coverage ratio
        compliance, based on end-June 2019 data
       Phase 1 of EBA technical package on reporting framework 2.10
       Statement endorsing European Commission’s amendments to RTS on risk
        weights for specialised lending exposures
       Updated list of Other Systemically Important Institutions (O-SIIs)
       Risk dashboard for Q4 2019, covering Q4 2019 data and summarising the
        main risks and vulnerabilities in the EU banking sector ahead of the COVID-
        19 crisis
       Updated Guidelines on equivalence of non-EU authorities for participation in
        supervisory colleges
ECB Central Bank
       Euro area bank interest rate statistics for February 2020 published
ECB – SSM
       Supervisory Banking Statistics for Q4 2019

       Euro area bank lending survey
Int’l
BIS
       Report on global liquidity indicators at end-December 2019
       Progress report on banks' implementation of its principles for effective risk
        data aggregation and reporting
       Working paper on equity price volatility spillovers and capital buffers among
        the G-SIBs
       BIS Bulletin No. 1: Dollar funding costs during the COVID-19 crisis through
        the lens of the FX swap market
       Basel III monitoring results based on end-June 2019 data published by the
        Basel Committee
Other
EU
EBA
       Call for expression of interest for new Banking Stakeholder Group

                                                                        Back to top
Capital Markets
Prudential
EU
ESMA
       Advice to the European Commission on inducements and costs and charges
        disclosures under MiFID II
       MiFID II Review report on position limits and position management

       Consultation on clearing solutions for Pension Scheme Arrangements (PSAs)
        under EMIR
       Templates for quarterly non-equity systematic internaliser data

       Consultation on central clearing solutions for Pension Scheme Arrangements
       Publication of annual bond transparency calculations, systematic
        internalisers calculations and new bond liquidity data
ESRB
       April 2020 ESRB risk dashboard published
Int’l
BIS
       Jurisdictions move towards full implementation of standards for financial
        market infrastructures (FMIs)

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Investment Management
Conduct
EU
ESMA
   Guidance on performance fees in UCITS and certain AIFs
Other
EU
ESMA
     Technical Advice to the European Commission on weekly position
      reports under MiFID II
     Report emphasising the impact of costs on retail investor benefits

                                                                    Back to top

Central Bank of Ireland
Domestic
     The Central Bank of Ireland issued a statement on extension of payment
      breaks

     The Central Bank of Ireland published research on understanding SMEs in
      the Covid-19 pandemic

     Deputy Governor Sharon Donnery delivered a speech on the
      macroeconomic effects of Covid-19 in Ireland

     The Central Bank of Ireland published two research papers using real-
      time data on economic impact of Covid-19

                                                                    Back to top
Other
Cyber
Int’l
FSB
       Consultation on effective practices for cyber incident response and
        recovery
Fintech
EU
EC
       Initial consultation on a new digital finance strategy for Europe
       Initial consultation on a retail payments strategy for Europe
Int’l
BIS
       Report on how FinTech can support financial inclusion
       CPMI paper on the payment aspects of financial inclusion in the
        fintech era
       Launch of the G20 TechSprint Initiative
FSB
       Stage one report on enhancing cross-border payments delivered to
        the G20
       Consultation paper on the regulatory, supervisory and oversight
        challenges raised by global stablecoins
Sustainable Finance
EU
EBA
       Consultation on RTS for ESG related Disclosure Regulation
EC
       Statement by the EU Technical Expert Group on Sustainable Finance:
        Sustainable recovery from the COVID-19 pandemic requires the right tools
       Consultation on the Commission's Renewed Sustainable Finance Strategy

ECOFIN
       The European Council announced that it has adopted a unified EU
        classification system for Sustainable Finance (Taxonomy)
ESMA
       No Action Letter on the new ESG disclosure requirements under the BMR
        and Opinion to the European Commission
Int’l
BIS
       Results of a survey the Basel Committee undertook on its members'
        initiatives on climate-related financial risks

IMF
       IMF's Managing Director’s Opening Remarks at the Petersberg Climate
        Dialogue XI
IOSCO
     Statement on IOSCO efforts to address issues around sustainability and
        climate change
Other
EU
ECB - SSM
       Letter from Andrea Enria, Chair of the Supervisory Board, to Mr Giegold,
        MEP, on exchange of information with anti-money laundering authorities
ECB Central Bank
       Statement on the extension of the monetary policy strategy review until
        mid-2021
       Announcement on Sweden joining ECB’s instant payments settlement
        platform
       Working paper on International capital flows at the security level, providing
        evidence from the ECB’s Asset Purchase Programme
       Research paper on global financial conditions and exchange rate risks
       Working paper on the effect of household indebtedness on the response to
        income and wealth shocks
       Update on monetary developments in the euro area in March 2020
       Research paper on a framework to assess the cross-border spillover effects
        of macroprudential policies
ESMA
       Report on enforcement of corporate disclosure for 2019
Int’l
BIS
       Call for papers for joint BIS, BoE, ECB and IMF Conference on
        "Spillovers in a 'low-for-long' world"

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Glossary
AFMs = Authorised Fund Managers
AI = Artificial Intelligence
AIFMD = Alternative Investment Fund Managers Directive
AMF = Autorité des Marchés Financiers
AML = Anti-Money Laundering
APA = Approved Publication Arrangement
AUM = Assets under management
BCBS = Basel Committee on Banking Supervision
BEAR = Banking Executive Accountability Regime
BIS = Bank for International Settlements
BMR = Benchmarks Regulation
BRRD = Bank Recovery and Resolution Directive
BTS = Binding Technical Standard
BoE = Bank of England
CBI = Central Bank of Ireland
CCP = Central Counterparty
CP= Consultation Paper
CTF = Counter Terrorist Financing
CISO = Chief Information Security Officer
CMA = Competition and Markets Authority
CMU = Capital Markets Union
CNMV = Comisión Nacional del Mercado de Valores
CQS = Credit Quality Step
CRD = Capital Requirements Directive
CRR = Capital Requirements Regulation
CROE = Cyber Resilience Oversight Expectations
CSSF = Commission de Surveillance du Secteur Financier
CTP = Consolidated Tape Provider
DB = Defined Benefit
DC = Defined Contribution
DP = Discussion Paper
DPA = Data Protection Agency
DRR = Digital Regulatory Reporting
EBA = European Banking Authority
ECB = European Central Bank
ECOFIN = Economic and Financial Affairs Council
EIOPA = European Insurance & Occupational Pensions Authority
EMEA = Europe, Middle East and Africa
EMIR = European Market Infrastructure Regulation
EONIA = Euro Over Night Index Average
ESAs = European Supervisory Authorities
ESG: Environmental, Social, and Governance
ESMA = European Securities & Markets Authority
ESRB = European Systemic Risk Board
ESTER = Euro Short-Term Rate
EU = European Union
Euribor = Euro Interbank Offered Rate
FAMR = Financial Advice Market Review
FCA = Financial Conduct Authority
FinPro = Financial Protection
FGCA = Financial Guidance and Claims Act 2018
FMIs = Financial Market Infrastructures
FOS = Financial Ombudsman Service
FPC = Financial Policy Committee
FRTB = Fundamental Review of the Trading Book
FS = Financial Services
FSA = Financial Services Authority
FSB = Financial Stability Board
GBP = British pound sterling
GDP = Gross Domestic Product
GDPR = General Data Protection Regulation
GSIBs = Global Systemically Important Banks
HMT = Her Majesty’s Treasury
IAIS = International Association of Insurance Supervisors
IASB = International Accounting Standards Board
IBOR = Interbank Offered Rate
ICAAP = Internal Capital Adequacy Assessment Process
ICO = Information Commissioners Office
ICS = Insurance Capital Standard
IDD = Insurance Distribution Directive
IFRS = International Financial Reporting Standards
ILAAP = Internal Liquidity Adequacy Assessment Process
IM = Initial Margin
IOSCO = International Organization of Securities Commissions
IPU = Intermediate Parent Undertaking
IRB = Internal Ratings Based
ISAs = Individual Savings Accounts
IT = Information Technology
JST = Joint Supervisory Teams
KID = Key Information Document
LEI = Legal Entity Identifier
LIBOR = London Interbank Offered Rate
LTV = Loan to Value
M&A = Mergers and Acquisitions
MI = Management Information
MiFID = Markets in Financial Instruments Directive
MiFIR = Markets in Financial Instruments Regulation
MLD = Money Laundering Directive
MoU = Memorandum of Understanding
MREL = Minimum requirement for own funds and eligible liabilities
MTF = Multilateral Trading Facility
NCA = National Competent Authority
NED = Non-Executive Director
NGFS = Network for Greening the Financial System
NPLs = Non-performing Loans
NSFR = Net Stable Funding Ratio
OCIR – Operational Continuity in Resolution
ORSA = Own Risk and Solvency Assessment
OTF = Organised Trading Facility
OTC = Over the counter
PPI = Payment Protection Insurance
PRA = Prudential Regulation Authority
PRIF = Prudential Regime for Investment Firms
PRIIPs = Packaged Retail Investment and Insurance Products
PS = Policy Statement
PSD2 = Revised (second) Payment Services Directive
RDR = Retail Distribution Review
RFRs = Risk-Free Rates
RRM = Risk Reduction Measures
RTGS = Real Time Gross Settlement
RTS = Regulatory Technical Standard
RW = Risk Weight
SA = Standardised Approach
SFTR = Securities Financing Transactions Regulation
SI = Systematic Internaliser
SIPPs = Self Invested Personal Pensions
SM&CR = Senior Managers and Certification Regime
SONIA = Sterling Overnight Index Average
SRB = Single Resolution Board
SRF = Single Resolution Fund
SREP = Supervisory Review and Evaluation Process
SS = Supervisory Statement
SSM = Single Supervisory Mechanism
TCA = Total Capital Adequacy
TCFD = Task Force on Climate-related Financial Disclosures
TIBER = Threat Intelligence-based Ethical Red Teaming
TLAC = Total Loss-Absorbing Capital
TMTP = Transitional Measure on Technical Provisions
TPP = Third-Party Providers
TPR = Temporary Permissions Regime
TRIM = Targeted Review of Internal Models
TRR = Temporary Recognition Regime
UCITS = Undertakings for Collective Investments in Transferable Securities
Contacts
Sean Smith
Partner, Regulatory Risk
+353 (01) 417 2306
E:seansmith1@deloitte.ie

John Kernan
Director, Regulatory Risk
+353 (01) 417 8983
E:jkernan@deloitte.ie

Ray Byrne
Senior Manager –Regulatory Risk
T: +353 1 4173892
E:rbyrne@deloitte.ie

Senan Ryan
Assistant Manager -Regulatory Risk
T: +353 1 417 8630
E: senryan@deloitte.ie

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