1

List implementing measures

July 2018

I. Delegated measures expected to be adopted by the Commission within the next six months (until 31 December 2018)

- AIFMD: amending DA on safekeeping duties of depositaries, DA on information to be provided to ESMA

- AMLD: amending DA on the list of high-risk third countries (tbc)

- BMR: 12 RTS, e.g. on (i) input data, (ii) code of conduct, (iii) the benchmark statement, and (iv) oversight function, plus other RTS

- BRRD: RTS on assessment of institution’s failure impact on markets in view of granting simplified obligations for preparation of

resolution plans

- CRD/CRR: RTS on (i) RWs for spec. lending exposures, (ii) assessment methodology IRB Approach, Art. 363(4)(b), (iii) assessment

methodology Art. 383(7), (iv) proxy spread and limited smaller portfolios for CVA risk, (v) application info for CI authorisation, (vi)

CVA risk own funds requirements, (vii) eligible collateral, Art. 194(10), (viii) relevant indicators, Art. 316(3); Corr. LCA DA, Art.

460,

- ELTIF: RTS on cost disclosures

- EMIR: RTS on risk-mitigation techniques for OTC-derivative contracts not cleared by a CCP and on criteria for adequately

mitigating counterparty credit risk, plus several revisions to RTSs

- EuVECA: DA on conflicts of interest

- EuSEFs: DA on e.g. several definitions, procedures to measure positive social impact and investor information to ensure

comparability

- IDD: RTS on professional indemnity insurance, DA on ESG preferences

- IFRS: endorsement of IAS 19, IFRIC 23, amendments to IAS 28, and annual improvements IFRS 2015-2017 cycle

- MAR: RTS on cooperation with third countries

- Prospectus: RTS on publication, on data necessary for classification, on advertisements, on situations that request supplements, on

the functioning of the notification portal and on the presentation of key financial information

2

- PSD 2: RTS on (i) central register; (ii) Criteria to appoint a central contact point (CCP); and (iii) Cooperation and exchange of info

between CAs

- SFTR: DA on supervisory fees; RTS on (i) access levels, (ii) transparency and availability of data in trade repository, (iii) details of

the application for registration as a trade repository, (iv) simplicity requirements - underlying exposures, (v) homogeneity

- Solvency II: SCR review of Solvency II DA

- STS: DA on fees, RTS on (i) registration of a securitisation repository (ii) operational standards for data in a securitisation

repository, (iii) simplicity requirements for underlying exposures, (iv) homogeneity, (v) STS notification, (vi) third party verifying

STS compliance, (vii) CA Cooperation, (viii) risk retention, (ix) transparency requirements and (x) ban on resecuritisation

- Transparency Dir.: RTS on European Single Electronic Format (ESEF)

- UCITS: amending DA on safekeeping duties of depositaries

II. Overview of (draft) measures received by ECON

Key:

[blue] Priority measure

[BOLD] DA adopted by COM or draft final RPS measure; scrutiny period ongoing

(Internal

deadline)*

The internal deadline is the deadline proposed by the ECON Secretariat to receive Members’ feedback before

the relevant period ends (e.g. scrutiny period, end of consultation) in order for ECON to conduct a possible

procedure or provide comments in time.

1. Measures/draft measures received by ECON between 23 May 2018 and 28 June 2018

Type of act File Title / Subject Internal

deadline* Comments

COM Draft DA

AIFMD Commission Delegated Regulation (EU) …/... of XXX amending Delegated Regulation (EU) No 231/2013 as regards safe-keeping duties of depositaries

25 June 2018

Draft DA for consultation on the Commission Better Regulation portal

3

Type of act File Title / Subject Internal

deadline* Comments

Adoption is estimated by the Commission by July 20181

COM Staff Working Document

AMLD

Commission Staff Working Document (SWD) on the Methodology for identifying high risk third countries under Directive (EU) 2015/849, Article 9, issued on 22 June 2018

29 June 2018

Joint EBA and ESMA Statement

BRRD

SRMR

MiFIDII/MiFIR

Statement of the EBA and ESMA on the treatment of retail holdings of debt financial instruments subject to the Bank Recovery and Resolution Directive, EBA/Op/2018/03, 30 May 2018

-

EBA Opinion BRRD

CRD IV/CRR

Opinion of the European Banking Authority on preparations for the withdrawal of the United Kingdom from the European Union, EBA/Op/2018/05, 25 June 2018

-

DA adopted by COM

CSDR

Commission Delegated Regulation …/... of 25.5.2018 supplementing Regulation (EU) No 909/2014 of the European Parliament and of the Council with regard to regulatory technical standards on settlement discipline, incl. its annexes

6 June 2018 Letter from Chair to confirm 3-month scrutiny period

EBA Consultation

CRD IV/CRR

PSD2

e-Money Dir.

EBA Consultation paper on Draft Guidelines on Outsourcing arrangements, EBA/CP/2018/11, 22 June 2018

17 September 2018

EBA Consultation

CRD IV/CRR

EBA Consultation paper on Draft Regulatory Technical Standards on the conditions to allow institutions to calculate KIRB in accordance with the purchased receivables approach under Article 255 of

3 September 2018

1 Source: Quarterly planning of the Commission, available on the ECON Workspace under ‘General Information’ (link).

4

Type of act File Title / Subject Internal

deadline* Comments

[Regulation (EU) 2017/2401 amending Regulation (EU) No 575/2013], EBA/CP/2018/10, 19 June 2018

EBA draft ITS CRD IV/CRR

Commission Implementing Regulation (EU) …/... of XXX on laying down amending implementing technical standards with regard to the format, structure, contents list and annual publication date of the information to be disclosed by competent authorities in accordance with Directive 2013/36/EU of the European Parliament and of the Council

13 June 2018

EBA Consultation

CRD IV/CRR

EBA Consultation paper on Draft Regulatory Technical Standards on the specification of the nature, severity and duration of an economic downturn in accordance with Articles 181(3)(a) and 182(4)(a) of Regulation (EU) No 575/2013, EBA/CP/2018/07, 22 May 2018

14 June 2018

EBA Consultation

CRD IV/CRR

EBA Consultation paper on Guidelines for the estimation of LGD appropriate for an economic downturn (‘Downturn LGD estimation’), EBA/CP/2018/08, 22 May 2018

14 June 2018

MS Notification

CRDIV/CRR Formal notification by the Swedish Finansinspektionen of macro-prudential measure under Art 458(2) CRR of 24 May 2018

-

ESMA Opinion

EMIR Opinion on CCP Liquidity Risk Assessment under Article 44(1) of Commission Regulation (EU) No 648/2012

-

ESMA Guidelines

EMIR Final Report on guidelines on EMIR Anti-Procyclicality Margin Measures for Central Counterparties, ESMA70-151-1293, 28 May 2018

-

5

Type of act File Title / Subject Internal

deadline* Comments

ESMA Report EMIR Report Supervisory Measures and Penalties under Articles 4, 9, 10 and 11 of EMIR, ESMA70-151-1400, 31 May 2018

12 July 2018

COM Draft DA

IDD

Commission Delegated Regulation (EU) …/... of XXX amending Delegated Regulation (EU) 2017/2359 with regard to environmental, social and governance preferences in the distribution of insurance-based investment products

29 May 2018

Draft DA for consultation in EGBPI (Com. expert group) and on the Commission Better Regulation portal

EFRAG Endorsement Advice

IFRS

EFRAG's endorsement advice letter to the European Commission on Amendments to IAS 19 - Plan Amendment, Curtailment or Settlement of 28 May 2018

-

COM draft ID FTR2

Commission Implementing Decision (EU) .../... of XXX on […] authorising France to conclude an agreement with Saint-Barthélemy, Saint-Pierre-et-Miquelon, New Caledonia, French Polynesia and Wallis and Futuna respectively for transfers of funds between France and each of these territories to be treated as transfers of funds within France, pursuant to Regulation (EU) No 2015/847 of the European Parliament and the Council

06 June 2018

Draft ID for consultation of Prevention of Money Laundering and Terrorist Financing Committee

COM Draft DA

MiFID II /MiFIR

Commission Delegated Regulation (EU) …/... of XXX amending Regulation (EU) 2017/565 supplementing Directive 2014/65/EU of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive

20 June 2018

Draft DA for consultation on the Commission Better Regulation portal

6

Type of act File Title / Subject Internal

deadline* Comments

ESMA Decision

MiFID II /MiFIR

European Securities and Markets Authority Decision (EU) 2018/795 of 22 May 2018 to temporarily prohibit the marketing, distribution or sale of binary options to retail clients in the Union in accordance with Article 40 of Regulation (EU) No 600/2014 of the European Parliament and of the Council

-

ESMA Decision

MiFID II /MiFIR

European Securities and Markets Authority Decision (EU) 2018/796 of 22 May 2018 to temporarily restrict contracts for differences (CFDs) in the Union in accordance with Article 40 of Regulation (EU) No 600/2014 of the European Parliament and of the Council

-

COM Draft DA

Prospectus

Commission Delegated Regulation (EU) …/... of XXX supplementing Regulation (EU) 2017/1129 of the European Parliament and of the Council as regards [...] / DA under Articles 9(14), 13(1), 13(2), 14(3), 15(2) and 20(11)

12 June 2018

Draft DA for consultation in EGESC (Com. expert group)

Adoption is estimated by the Commission by January 2019

EBA Opinion PSD2

European Banking Authority Opinion on the implementation of the Regulatory Technical Standards on SCA and CSC, EBA-Op-2018-04, 13 June 2018

-

EBA Consultation

PSD2

Consultation Paper: Draft Guidelines on the conditions to be met to benefit from an exemption from contingency measures under Article 33(6) of Regulation (EU) 2018/389 (RTS on SCA & CSC), EBA/CP/2018/09 of 13 June 2018

-

7

Type of act File Title / Subject Internal

deadline* Comments

DA adopted by COM

Solvency II

Commission Delegated Regulation (EU) …/... of 1.6.2018 amending Delegated Regulation (EU) 2015/35 as regards the calculation of regulatory capital requirements for securitisations and simple, transparent and standardised securitisations held by insurance and reinsurance undertakings

05 July 2018

COM IA Solvency II

Commission Implementing Regulation (EU) 2018/730 of 4 May 2018 laying down technical information for the calculation of technical provisions and basic own funds for reporting with reference dates from 31 March 2018 until 29 June 2018 in accordance with Directive 2009/138/EC of the European Parliament and of the Council on the taking-up and pursuit of the business of Insurance and Reinsurance

-

COM draft IA SRD2

Commission Implementing Regulation .../... of XXX laying down minimum requirements implementing the provisions of Directive 2007/36/EC of the European Parliament and of the Council as regards shareholder identification, the transmission of information and the facilitation of the exercise of shareholders rights

25 June 2018

ECON for opinion (lead: JURI), unfavourable opinion of the ESC - act not carried out by COM yet

COM Draft DA

UCITS V

Commission Delegated Regulation (EU) …/... of XXX amending Delegated Regulation (EU) No 2016/438 as regards safe-keeping duties of depositaries

25 June 2018

Draft DA for consultation on the Commission Better Regulation portal

Adoption is estimated by the Commission by July 2018

8

Type of act File Title / Subject Internal

deadline* Comments

COM Draft IA VAT

Commission Implementing Regulation (EU) …/... of XXX amending Implementing Regulation (EU) No 815/2012, as regards the information to be exchanged between Member States to identify taxable persons using the non-Union scheme

25 June 2018

2. Measures/draft measures received by ECON between 20 February 2018 and 22 May 2018

Type of act File Title / Subject Internal

deadline* Comments

DA adopted by COM

AMLD

Commission Delegated Regulation (EU) … /... of 7.5.2018 supplementing Directive (EU) 2015/849 of the European Parliament and of the Council with regulatory technical standards on the criteria for the appointment of central contact points for electronic money issuers and payment service providers and with rules on their functions

14 May 2018

EBA Final draft ITS

BRRD

Draft final report: Draft Implementing Standards (ITS) on the provision of information for the purpose of resolution plans under Article 11(3) of Directive 2014/59/EU, EBA/ITS/2018/02 of 17 April 2018

30 May 2018 Plus Annex II - Instructions and templates

IA adopted by COM

BRRD

Commission Implementing Regulation 2018/308 laying down implementing technical standards (ITS) for Directive 2014/59/EU of the European Parliament and of the Council with regard to formats, templates and definitions for the identification and transmission of information by resolution authorities for the purposes of informing the European Banking

23 March 2018

9

Type of act File Title / Subject Internal

deadline* Comments

Authority of the minimum requirement for own funds and eligible liabilities under Article 45(17) third subparagraph BRRD of 1 March 2018

ESMA Consultation

CRA

ESMA Consultation Paper: Guidelines on the application of the endorsement regime under Article 4(3) of the Credit Rating Agencies Regulation – supplementary guidance on how to assess if a requirement is “as stringent as” the requirements set out in CRAR, ESMA33-9-235 of 27 March 2018

17 May 2018

COM Draft IA CRD IV/CRR,

EMIR

Draft Commission implementing regulation (EU) No …/... on the extension of the transitional periods related to own funds requirements for exposures to central counterparties (CCPs) under Article 497(3) CRR

22 May 2018

EBA Consultation

CRD IV/CRR Draft guidelines on disclosure of non-performing (NPE) and forborne exposures, EBA/CP/2018/06 of 27 April 2018, under Articles 8 and 16 EBA Regulation

29 July 2018

EBA Consultation

CRD IV/CRR

EBA Consultation paper Draft Guidelines on specification of types of exposures to be associated with high risk under Article 128(3) of Regulation (EU) No 575/2013 (CRR), EBA/CP/2018/03 of 17 April 2018

14 June 2018

EBA Draft amending ITS

CRD IV/CRR

Final Report: Draft Implementing Standards amending Implementing Regulation (EU) No 680/2014 with regard to prudent valuation under Article 99(5) and Article 415(3) CRR, EBA/ITS/2018/01 of 17 April 2018

30 May 2018 Plus Annex 1-10

COM Consultation

CRD IV/CRR, EMIR

Commission consultation on the extension of transitional periods on capital requirements for exposures to central counterparties, draft Commission

8 May 2018

10

Type of act File Title / Subject Internal

deadline* Comments

implementing regulation (EU) No …/... on the extension of the transitional periods related to own funds requirements for exposures to central counterparties (CCPs) under Article 497(3) CRR

EBA Report CRD IV/CRR EBA 2016 CVA Risk Monitoring Exercise - main results under Article 382(4) CRR, 4 May 2018

-

EBA Consultation

CRD IV/CRR EBA Consultation Paper on draft guidelines on disclosure of non-performing and forborne exposures, EBA/CP/2018/06, 27 April 2018

19 July 2018

EBA Draft updated ITS

CRD IV/CRR

Draft Commission implementing Regulation (EU) No …/.. of XXX amending Impl. Reg.(EU) 2015/2197 laying down implementing technical standards with regard to closely correlated currencies in accordance with Regulation (EU) No 575/2013 (under Article 354(3) CRR) of 10 April 2018 plus annex updated list of closely correlated currencies

16 May 2018 plus Annex

EBA Report CRD IV/CRR Benchmarking of remuneration practices at the European Union level and data on high earners of 10.4. 2018 under Art.75(1)(3) CRD

-

EBA Report CRD IV/CRR EBA Report on Credit Risk Mitigation (CRM) framework of 19 March 2018

- EBA feedback on three non-delivered RTS

EBA Report CRD IV/CRR Report on the functioning of supervisory colleges in 2017 of 16 March 2018

-

Joint Committee Report

CRD IV/CRR Joint Committee final report on big data, JC/2018/04 of 15 March 2018.

- together with the Big Data Factsheet

EBA Roadmap CRD IV/CRR

The EBA's Fintech Roadmap; Conclusions from the Consultation on the EBA’s approach to Financial Technology (FINTECH) of 15 March 2018 under Article 9(2) EBA Regulation

- together with Q&A on the Fintech Roadmap

11

Type of act File Title / Subject Internal

deadline* Comments

EBA Opinion CRD IV/CRR

Opinion of the European Banking Authority on measures in accordance with Article 458 of Regulation (EU) No 575/2013, EBA/Op/2018/02 of 14 March 2018 under Article 458(2)(d)(ii) CRR

-

following the notification by the French High Council for Financial Stability (HCSF)

DA adopted by COM

CRD IV/CRR

Commission Delegated Regulation (EU) No …/... of 14.3.2018 supplementing Regulation (EU) No 575/2013 of the European Parliament and of the Council with regard to the specification of the assessment methodology under which competent authorities permit institutions to use Advanced Measurement Approaches for operational risk under Article 312(4)(a) CRR

28 March 2018 priority file for ECON; three months letter pending

EBA Guidelines Consultation

CRD IV/CRR

EBA Consultation paper on Guidelines for credit institutions on how to effectively manage non-performing exposures (NPEs) and forborne exposures (FBEs), EBA/CP/2018-01 of 8 March 2018

-

EBA Report CRD IV/CRR EBA Financial Education Report 2017/18 under Article 9(1)(b) of the EBA Regulation

-

EBA Opinion CRD IV/CRR

Opinion of the European Banking Authority (EBA) on measures in accordance with Article 458 of Regulation (EU) No 575/2013, EBA/Op/2018-01 of 23 February 2018

-

MS Notification

CRD IV/CRR Formal notification by the Haute Conseil de Stabilité Financière (HCSF) to the ECB of macro-prudential measure under Art 458 CRR

-

Joint ESA Consultation

EMIR Joint ESA Consultation Paper on Amendments to the EMIR Clearing Obligation under the Securitisation Regulation, JC 2018 14, 04 May 2018

14 June 2018

12

Type of act File Title / Subject Internal

deadline* Comments

EBA Consultation

EMIR

EBA Consultation Paper on draft Regulatory Technical Standards amending Delegated Regulation (EU) 2016/2251 on risk-mitigation techniques for OTC-derivative contracts not cleared by a CCP under Article 11(15) of Regulation (EU) No 648/2012 in the context of the STS securitisations under Regulation (EU) 2017/2402, JC-2018-15, 04 May 2018.

14 June 2018

Adoption was estimated by the Commission by April 20182

ESMA Final guidelines

EMIR Final Report: Guidelines for position calculation by Trade Repositories under EMIR under Art. 80(4) EMIR, ESMA70-151-1272, 27 March 2018

-

COM Draft final RPS measure

IFRS/IFRIC

Commission Regulation amending Regulation (EC) No 1126/2008 adopting certain international accounting standards in accordance with Regulation (EC) No 1606/2002 of the European Parliament and of the Council as regards Interpretation 23 of the International Financial Reporting Interpretations Committee (IFRIC 23)

25 April 2018

ESMA Report IFRS Enforcement and Regulatory Activities of Accounting Enforcers in 2017, ESMA32-63-424 of 3 April 2018

-

ESMA Opinion MAD/MAR Opinion on the intended Accepted Market Practice (AMP) on liquidity contracts notified by the French Autorité des Marchés Financiers (AMF).

- Negative opinion

COM Draft DA

MiFID/MiFIR

Commission Delegated Regulation (EU) … /... of XXX amending Commission Delegated Regulation (EU) 2017/565 as regards certain registration conditions to promote the use of SME growth markets for the purposes of Directive 2014/65/EU of the European Parliament and of the Council

14 May 2018

2 Source: Quarterly planning of the Commission, available on the ECON Workspace under ‘General Information’ (link).

13

Type of act File Title / Subject Internal

deadline* Comments

COM Draft IA MiFID/MiFIR

Commission Implementing Decision (EU) … /... of XXX on the equivalence of the legal and supervisory framework applicable to recognised exchange companies in South Africa in accordance with Directive 2014/65/EU of the European Parliament and of the Council, incl. Annex, under Article 25(4)

27 April 2018

ESMA Final draft RTS

MiFID/MiFIR Final Report: Amendments to Commission Delegated Regulation (EU) 2017/587 (RTS 1) under Article 14(7) of MiFIR, ESMA70-156-354 of 26 March 2018

25 April 2018

ESMA Opinion MiFID/MiFIR

Opinion on the treatment of packages under the trading obligation (TO) for derivatives under MiFIR, ESMA70-156-322 of 21 March 2018, Article 29(1)(a) ESMA Regulation (EC) No 1095/2010

-

DA adopted by COM

MMF

Commission Delegated Regulation (EU) …/... of 10.4.2018 amending and supplementing Regulation (EU) 2017/1131 of the European Parliament and of the Council with regard to simple, transparent and standardised (STS) securitisations and asset-backed commercial papers (ABCPs), requirements for assets received as part of reverse repurchase agreements and credit quality assessment methodologies

30 April 2018

COM Consultation

Prospectus Reg.

Commission consultation on its Roadmap of 24 April 2018 for a Delegated Act under the Prospectus Regulation (Articles 9(14), 13(1), 13(2), 14(3), 15(2) and 20(11): Commission Delegated Regulation supplementing Regulation (EU) No 2017/XX of the European Parliament and of the Council on the prospectus to be published when securities are offered to the public or admitted to trading and repealing Directive 2003/71/EC

17 May 2018 Adoption estimated by the Commission by February 2019

14

Type of act File Title / Subject Internal

deadline* Comments

ESMA Final report

Prospectus Reg.

Final Report: Technical advice under the Prospectus Regulation; ESMA31-62-800 of 28 March 2018

- Adoption estimated by the Commission by April 2019

EBA Consultation

PSD2/MCD

EBA Consultation paper on the application of the existing Joint Committee Guidelines on complaints-handling to authorities competent for supervising the new institutions under MCD and/or PSD2 under Art. 16 EBA Regulation (EU) 1093/2010, EBA/CP/2018/02 of 27 March 2018

24 May 2018

COM letter PSD2 COM letter to EBA of 14 February 2018 on RTS SCA -

COM Consultation

Solvency II

Commission Delegated Regulation (EU) … /... of XXX amending Delegated Regulation (EU) 2015/35 as regards the calculation of regulatory capital requirements for securitisations and simple, transparent and standardised securitisations held by insurance and reinsurance undertakings

14 May 2018 Adoption estimated by the Commission by July 2018

EIOPA Consultation

Solvency II

EIOPA Consultation on the amendments and corrections to the Implementing Regulation (EU) 2015/2450 with regard to the templates for the submission of information to the supervisory authorities and to the Commission Implementing Regulation (EU) 2015/2452, laying down implementing technical standards with regard to the procedures, formats and templates of the SFCR, EIOPA-CP-18-002 of 28 March 2018

Draft amendment to Commission Implementing Regulation (EU) 2015/2450 of 2 December 2015 laying down implementing technical standards with regard to the templates for the submission of information to the supervisory authorities, EIOPA-

3 May 2018

15

Type of act File Title / Subject Internal

deadline* Comments

BoS-18/099 of 20 March 2018 (implementing technical standards (ITS) on reporting)

Draft amendment to Commission Implementing Regulation (EU) 2015/2452 of 2 December 2015 laying down implementing technical standards with regard to the procedures, formats and templates of the solvency and financial condition report, EIOPA-BoS-18/098 20 March 2018 (ITS on disclosure).

Errata: EIOPA Guidelines on reporting for Financial Stability Purposes, EIOPA-BoS-18/138 of 20 March 2018

EIOPA Technical Advice

Solvency II

EIOPA's second and final response regarding the technical advice on the review of specific items in the Commission Delegated Regulation (EU) 2015/35, EIOPA-BoS-18/075, 28 February 2018

8 May 2018 Adoption estimated by the Commission before end 2018

EBA Consultation

STS Reg.

EBA Draft Guidelines on the STS criteria for non-ABCP securitisation, under Article 19(2)

EBA Draft Guidelines on the STS criteria for ABCP securitisation, under Article 23(3)

both of 20 April 2018

13 July 2018

ESMA Consultation

STS Reg.

ESMA Consultation paper on Draft technical standards on the application for registration as a securitisation repository under the Securitisation Regulation under Art. 10 Securitisation Regulation (EU) 2017/2402, ESMA33-128-109, 23 March 2018)

25 April 2018 Adoption estimated by the Commission by April 2019

ESMA Technical advice

STS Reg.

Consultation report on ESMA’s technical advice to the Commission on fees for securitisation repositories under the Securitisation Regulation under the Securitisation Regulation under Art. 16(2) Securitisation Regulation, ESMA33-128-212, 23 March 2018

25 April 2018 Adoption estimated by the Commission by September 2018