Delegated Regulations Under MiFID II Directive and BMR Published in OJ

The following Delegated Regulations were published on January 17, 2018 in the Official Journal of the EU (OJ):

Commission Delegated Regulation (EU) 2018/63, which amends Delegated Regulation (EU) 2017/571 supplementing the MiFID II Directive (2014/65/EU) with regard to regulatory technical standards on the authorization, organizational requirements and the publication of transactions for data-reporting services providers. The Commission adopted this Delegated Regulation on September 26, 2017.

Commission Delegated Regulation (EU) 2018/64, which supplements Regulation (EU) 2016/1011 (BMR) on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds with regard to specifying how the criteria of Article 20(1)(c)(iii) of the BMR are to be applied for assessing whether certain events would result in significant and adverse impacts on market integrity, financial stability, consumers, the real economy or the financing of households and businesses in one or more member states.

Commission Delegated Regulation (EU) 2018/65, which specifies technical elements of the definitions laid down in Article 3(1) of the BMR.

Commission Delegated Regulation (EU) 2018/66, which supplements the BMR specifying how the nominal amount of financial instruments other than derivatives, the notional amount of derivatives and the net asset value (NAV) of investment funds are to be assessed. The Commission adopted Delegated Regulations (EU) 2018/64, (EU) 2018/65 and (EU) 2018/66 on September 29, 2017.

Commission Delegated Regulation (EU) 2018/67, which supplements the BMR with regard to the establishment of the conditions to assess the resulting impact from the cessation of or change to existing benchmarks. The Commission adopted this Delegated Regulation on October 3, 2017.

All the Delegated Regulations will enter into force twenty days after their publication in the OJ on February 6, 2018.