ARTICLE
17 December 2019

Regulation Amending The Benchmarks Regulation Published

AM
Arendt & Medernach

Contributor

About Arendt

Arendt combines the entire value chain of services dedicated to Asset Managers, Banks, Insurers, Public Institutions and Private Clients operating in Luxembourg.

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Legal & Tax

We assist clients in structuring and running their business from a legal and tax standpoint across Luxembourg. Our teams directly serve international clients or work in close collaboration with foreign partner law firms.

Together with our regulatory consultants and investor services experts, we bridge the gap between legal/tax advice and its implementation. We deliver best-in-class services along our clients’ business life cycles.

The 450 legal experts of Arendt & Medernach have a wealth of experience in a wide variety of specialisations. Together, they are able to advise on a complete range of 15 complementary practice areas

Please see below for more detail on the main amendments to the Benchmarks Regulation introduced by the Amending Regulation and first described in our newsflash published on 15 April 2019:
Luxembourg Environment

Please see below for more detail on the main amendments to the Benchmarks Regulation introduced by the Amending Regulation and first described in our newsflash published on 15 April 2019:

  • Introduction of new regimes for EU Climate Transition Benchmarks and EU Paris-aligned Benchmarks.
    The two new regimes aim at creating reliable and easily recognisable labels for environmentally aware investors across the EU with the goal of promoting investments in environmentally responsible companies and environmentally friendly technologies. These new regimes should thus ultimately contribute to the implementation of the UN Paris Agreement on climate change and help to avoid greenwashing.
    Together with the sustainability-related disclosures introduced for the broader financial services community by the Regulation (EU) 2019/2088 of the European Parliament and of the Council on sustainability‐related disclosures in the financial services sector, published on the same day and described in a separate newsflash dated 12 December 2019, these new regimes are part of a broader action plan of the European Commission on sustainable finance specifically aiming to:
    • reorient capital flows towards sustainable investment in order to achieve sustainable and inclusive growth;
    • manage financial risks stemming from climate change, resource depletion, environmental degradation and social issues; and
    • foster transparency and long-termism in financial and economic activity.
  • Third country benchmarks – to allow time for a possible broader overhaul of the third country regime in the Benchmarks Regulation, which is currently part of a consultation issued by the European Commission on possible changes to the Benchmarks Regulation, transitional period for new use of non-compliant benchmarks issued by non-EU administrators has been extended to 31 December 2021.
  • Critical benchmarks – to allow time for an orderly transition away from interbank offered rates, explained in our newsflashes dated 19 July 2019 and 2 October 2019 and a short video, supervised entities will benefit from an extension of the transitional period for use of non-compliant benchmarks designated as critical benchmarks in accordance with the Benchmarks Regulation to 31 December 2021.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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