European retail and institutional investors use European Union (EU) and third-country benchmarks for a variety of critical commercial purposes, from hedging their exposures to converting overseas revenue and repatriating funds. The EU Benchmarks Regulation (BMR) was intended to protect European investors from the risks and disruption posed by poorly run or failing benchmarks. Instead, fundamental flaws in its conception mean that without significant reform, the BMR could expose benchmark users in the EU to the threats that BMR was intended to protect them from, putting them at a competitive disadvantage to users of benchmarks in other jurisdictions.
In May 2022, the European Commission published its latest consultation on reforming the BMR. ISDA’s response is here.
To coincide with the consultation, ISDA, the Asia Securities Industry and Financial Markets Association, the Futures Industry Association, the Global Foreign Exchange Division of the Global Financial Markets Association, the European Association of Corporate Treasurers and EMTA published an updated version of their June 2020 recommendations, aimed at maintaining the intended protections of the BMR while reducing the potential for uncertainty, disruption and preventing EU investors being put at a competitive disadvantage versus non-EU entities.
Click on the attached PDF to read the full paper.
Documents (1) for Reforming the EU Benchmarks Regulation: Updated Recommendations
Latest
Safe, Efficient Markets for SFTs
Securities financing transactions (SFTs) – including repurchase agreements (repo), securities lending, buy/sell backs and margin lending – are foundational to the functioning of modern financial markets. They support the day-to-day distribution of liquidity, enable collateral to move efficiently across cash...
ISDA, GFXD, UK Finance, LMA Respond to HMT on UK BMR Reform
On March 11, ISDA, the Global Foreign Exchange Division of the Global Financial Markets Association, UK Finance and the Loan Market Association responded jointly to a consultation from His Majesty’s Treasury on the future regulatory regime for benchmarks and benchmark...
ISDA Recommendations to Simplify EU Regulation
On March 9, ISDA submitted a paper to the European Commission setting out focused proposals to improve the functioning of the EU regulatory framework for derivatives. The paper comprises eight targeted recommendations to simplify selected Level 1 provisions in a...
New Selection Process for Standard Reference Obligations (SROs) FAQs
This Frequently Asked Questions (“FAQ”) document gives information about the new selection process for Standard Reference Obligations (SROs). Note that ISDA may update these FAQs on occasion. Please check back periodically for new versions.
