JD Supra European Union

Publisher:
JD Supra
Publication date:
2019-04-29

Publisher

Law Firm

Latest documents

  • Implementation of the Markets in Crypto-assets Regulation (MiCAR): A Jurisdictional Comparison

    With the Markets in Crypto-Assets Regulation (MiCAR) (Regulation (EU) 2023/1114) becoming fully applicable by the end of this year, crypto-asset service providers seeking to offer their services across the EU need to consider which jurisdiction is most suitable for them to file their CASP authorisation applications and the extent to which they can avail of national transition regimes. In this document, we set out a comparative guide across a few key jurisdictions, covering factors such as the national approach to implementing MiCAR in the context of CASP authorisation applications, and timing considerations.

  • Great Fund Insights: ELTIF Regulation: consolidated text including ELTIF 2.0

    The ELTIF-RTS, the final piece of the puzzle for the ELTIF framework, have been published in the Official Journal on October 25, 2024 and entered into force on October 26, 2024. This marks the end of a long and complex legislative process that started in May 2023 with the first draft RTS published by ESMA. To help fund practitioners navigate the evolving ELTIF landscape, our funds and asset management practice has prepared a consolidated version of the ELTIF Regulation, incorporating the ELTIF 2.0 changes in track changes and the relevant provisions of the ELTIF-RTS within the related ELTIF Regulation's articles. This tool will enable you to easily access and compare the different layers of regulation and understand their implications for your ELTIF projects.

  • Regulatory monitoring - October 2024

    1. Bank regulation - 1.1 PRUDENTIAL REGULATION - a) General (i) EU - ESRB: Speech on old and new frontiers of the ESRB: Systemic risk, non-banks and data analysis - Status: Final - The ESRB has published a speech by Olli Rehn, ESRB First Vice-Chair, on new frontiers in macroprudential policy. In the speech, Mr Rehn addressed three issues: (i) the ESRB’s 15-year record; (ii) key starting points for the forthcoming ESRB review; and (iii) new frontiers, especially dealing with non-banks and better use of data and analysis. Regarding the EC’s upcoming review of the ESRB, Mr Rehn explains that the ESRB will not take a formal position on its founding regulation, although it does believe it is important that co-legislators have the opportunity to benefit from the experience of those involved in the work of the ESRB. As such the ESRB has set up a High Level Group to identify which adjustments to the mission or framework of the ESRB might be required and provide its insights to the EU co-legislators before the review process.

  • Regulatory monitoring: EU version Newsletter - October 2024

    1. Bank regulation - 1.1 PRUDENTIAL REGULATION - a) General - (i) EU - ESRB: Speech on old and new frontiers of the ESRB: Systemic risk, non-banks and data analysis - Status: Final - The ESRB has published a speech by Olli Rehn, ESRB First Vice-Chair, on new frontiers in macroprudential policy. In the speech, Mr Rehn addressed three issues: (i) the ESRB’s 15-year record; (ii) key starting points for the forthcoming ESRB review; and (iii) new frontiers, especially dealing with non-banks and better use of data and analysis. Regarding the EC’s upcoming review of the ESRB, Mr Rehn explains that the ESRB will not take a formal position on its founding regulation, although it does believe it is important that co-legislators have the opportunity to benefit from the experience of those involved in the work of the ESRB. As such the ESRB has set up a High Level Group to identify which adjustments to the mission or framework of the ESRB might be required and provide its insights to the EU co-legislators before the review process.

  • AIFMD: Consolidated text including AIFMD II changes

    The amendments to the EU Alternative Investment Fund Managers Directive ("AIFMD II") were published in the Official Journal of the European Union on 26 March 2024, and came into force on 15 April 2024. As part of our Great Fund Insights, we have produced a Level 1 and Level 2 consolidated version of the EU Directive 2011/61/EU ("AIFMD"), as amended by the AIFMD II and other EU legislation (this includes legislation brought in by the Securitisation Regulation, the Cross Border Funds Directive and the SFDR).

  • Gender diversity on corporate boards - 2024

    What to expect from the new EU Women on Boards Directive, including the practical changes for your management structure and the impact on the national legislation of each Member State. Women continue to be significantly under-represented on the boards of directors of companies in every Member State within the European Union and the United Kingdom. In recent years, more and more European countries have introduced statutory gender quotas to balance gender on company boards. The progress year-on-year has, however, been rather slow. The legal provisions in those countries introducing quotas can differ greatly, particularly with regard to sanctions for failure to comply with a quota.

  • COMPLYING WITH CS3D - Overlooking environmental concerns is a high-risk strategy

    BACKGROUND - The incorporation of complex environmental and climate impacts from business operations and supply chains into human rights impact assessments and governance models is proving to be a major challenge for businesses. Uncertainty about the precise scope of obligations to assess such impacts has meant that companies are struggling to assess environmental and climate impact in a systemic way, which exposes businesses to future liability under the Corporate Sustainability Due Diligence Directive (the “CS3D” or “Directive”). There are notable exceptions – we have seen examples of cement manufacturers, food and beverages companies and forestry companies demonstrate a clear understanding of the environmental dimension, or “lens”, but more generally, businesses need to gear up now to ensure they have in place defensible compliance strategies.

  • Life Sciences: What's new in Europe?

    The Servier case: The game isn’t over yet - The European Court of Justice recently issued seven judgments in the landmark "Servier" case, confirming the anticompetitive nature of "pay-for-delay" agreements between originator and generic companies. However, the case is not fully resolved, as part of it was referred back to the General Court. This decision underscores the strict scrutiny of anticompetitive practices in the pharmaceutical industry and its impact on market strategies.

  • 2024 European Employer Survey Report - October 2024

    Executive Summary- As Europeans across the continent head to the ballot box in a contentious election year, employers are navigating numerous challenges—from potential employment law changes to managing divisive political beliefs in the workplace to heightened pressure on environmental, social, and governance (ESG) initiatives. These developments come against a backdrop of ongoing economic uncertainty, new regulatory risks, and the rapid adoption of artificial intelligence (AI) in the workplace.

  • Regulatory monitoring: EU version Newsletter - September 2024

    1. Bank regulation - 1.1 PRUDENTIAL REGULATION - a) General - (i) EU - EC: Report on the future of European competitiveness Status: Final - The EC has published a report on the future of European competitiveness, prepared by Mario Draghi, former President of the ECB. The report aims to set out a new industrial strategy for Europe to overcome barriers to the EU’s competitive strength. It sets out priority proposals in the short and medium term in key strategic sectors. For financial regulation, the report focuses on the completion of the Capital Markets Union and the Banking Union.

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