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Shaping the Future of the European Union 2024
Shaping the Future of the European Union 2024
2024
Contents
01 04
Introduction Sustainable Finance
• Compliance Academy
02 05
Ensuring Financial Financial
Stability in the EU Crimes
03
European Digital
Strategy
• Digital Finance
• Payment Services
Directive 3 and Payment
Services Regulation
• Markets in Crypto-assets
(MiCa)
• E-ID adoption
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Industry Trends 2023
Compliance Officer
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Chief Compliance
Officer Leadership
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Build a more resilient future
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Chief
Sustainability Officer
Leadership Program
2023
Managing global challenges
and building meaning inside
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General Counsel
Leadership Program
2023
Building a more robust
organization using new challenges
A comprehensive regulatory
compliance retro-planning to
help you anticipate deadlines
Reform of bank crisis management and What is the reform of CMDI about?
deposit insurance regulatory framework
(CMDI) The CMDI is a set of rules developed to
manage bank failures in an orderly
On 18th April 2023, the European manner. It aims to protect financial
Commission adopted a proposal “to stability and depositors’ and taxpayers’
adjust and further strengthen the existing money. This framework is a part of the
EU bank crisis management and deposit banking union – SSM and SRM. So far, the
insurance (CMDI) framework.” The focus is banking union has allowed the European
on mid-size and smaller banks. The financial system to go through crises, such
proposal aims to strengthen the Single as Covid-19 and the war in Ukraine. Today,
Resolution Mechanism (SRM) to build a the financial institutions in the EU are well-
more complete banking union. capitalized.
This proposal by the European However, in recent years, smaller banks
Commission follows the October 2017 have needed a harmonized resolution
communication from the Commission framework. The CMDI reform is about
Completing the Banking Union. The improving the crisis tools used to manage
European Commission has also recently the failure of medium-sized and smaller
published its second single supervisory banks. It will give resolution authorities
mechanism report. The report concluded more effective powers to ensure that the
that the Single Supervision Mechanism is crisis doesn’t affect the financial stability
now a critical authority that can deliver of the European Union and potentially all
the objectives set out when it was created other countries. The CMDI has three main
in the post-2012 crisis era. objectives:
As the financial crisis evolved into the euro • Preserve and protect financial stability
area debt crisis, it became clear that by not using taxpayer money: the
deeper integration in the banking system reform will use privately-funded deposit
was needed at that time for the countries guarantee schemes in crises to protect
of the euro area, which are particularly depositors. Bank’s capital buffers will
inter-connected. On that basis, the continue to absorb losses; these
European Commission Roadmap for privately funded safety nets are
creating a banking union established a expected to reach EUR 55 Bn to 80 Bn
Single Supervisory Mechanism (SSM) and respectively by 2024 in the banking
a Single Resolution Mechanism (SRM) for union
banks.
• Protecting the real economy from
The banking union only applies to systemic risk: clients will be able to
countries in the Euro area, although non- easily retain access to their bank
euro area countries can also join and accounts in resolution in case of a
participate. Currently, the banking union transfer of their account to a new bank
has 21 members, including Bulgaria and
Croatia. • Protect and defend depositors with a
level of coverage of EUR 100.000 per
depositor and bank according to the
Deposit guarantee scheme directive for
all EU-eligible depositors. The new
framework includes additional
measures to harmonize the protection
of temporary high balances on bank
accounts over EUR 100.000
Compliance office
Ensuring
the Financial
Stability of the
European Union
Compliance office
Central Securities
Depositories
Regulation review
(CSDR)
28 June 2023
20 July 2023
20 July 2023
Compliance office
The European
Digital Strategy
Compliance office
Markets
in Crypto-assets
(MiCa)
29 June 2023
29 June 2023
Markets in Crypto-assets The European Union is establishing a comprehensive
Regulation (MiCa) came framework for crypto-assets and related services to
ensure the EU fits the digital era.
into force
Digital finance has a key role to play in the digital
finance age in shaping the future of the financial
markets and making it more efficient, robust,
9 June 2023 transparent, sustainable, and inclusive. This can lead to
innovative products and new services that can
Markets in Crypto-assets influence the current business models of the European
Regulation (MiCa) financial sector.
published in the Official
Journal of the EU Crypto-assets are a digital innovation that can easily
streamline capital-raising processes, enhance the level
of competition, and create more innovative platforms.
Crypto-assets are a representation of a right or a value
30 June 2022 that can be electronically transferred using a
distributed ledger technology (DLT). It can also be used
Political agreement as a means of payment.
between the European
The EU has adopted a comprehensive legislative
Parliament and the framework that regulates the issuing of crypto-assets
European Council on a as well as the services provided in respect of crypto-
regulatory framework assets.
for crypto-assets
The MiCA Regulation, therefore, will provide legal clarity
and certainty for crypto-asset issuers and providers.
The new rules will allow operators authorized in one
Member State to provide their services across the EU
24 September 2022
(“passporting”).
Digital Finance Package Safeguards include capital requirements, custody of
including: assets, a mandatory complaint holder procedure
available to investors, and investor rights against the
• Legislative proposals issuer. Issuers of significant asset-backed crypto assets
on crypto-assets (so-called global ‘ stablecoins ‘) would be subject to
(MiCa) more stringent requirements (e.g., in terms of capital,
investor rights, and supervision).
• Legislative proposals
for the EU regulatory
framework on digital
Source: European Commission
operational resilience
(DoRa)
Single currency
package establishing
a framework for the
Digital Euro
28 June 2023
28 June 2023
Compliance office
Corporate
Sustainability
Reporting
9 June 2023
17 February 2023
17 February 2023
Requirements apply on
20 February 2023
In January 2021, less than eight weeks before the
New amendments first March 2021 SFDR implementation deadline, the
require financial ESAs wrote to the Commission highlighting several
markets participants to important areas of uncertainty in the interpretation
disclose the extent to of SFDR that needed urgent clarification and with
which their portfolios which firms had been struggling. In July, the
are exposed to energy Commission published its long-awaited Q&A,
activities to comply with which is helpful in some areas, but in others,
the Taxonomy as repeats the ESAs' questions or cites sections of the
required by the SFDR text without providing clarification on
Complementary interpretation or practical implementation. In brief:
Climate Delegated Act
(CDA) 1. SFDR provisions don't apply to non-EU AIFMs (but
product disclosures may apply if funds are
EBA, EIOPA and ESMA marketed in the EU), but they need to be registered
provide a template (i.e., sub-threshold) AIFMs
under SFDR
requirements for 2. The headcount is linked to the parent
financial products undertaking being a “financial market participant”
requirements (FMP) under SFDR. If it is, any subsidiaries beneath
it are caught. If it is not, its headcount is not
included. Instead, the headcount is focused on the
25 July 2022 employees of the subsidiary undertaking that is the
FMP.
Requirements apply
on 1 January 2023 3. Integration of sustainability risks (per SFDR Article
2(22)) is not sufficient for Article 8 to apply.
Delegated regulation
to explain the 4. Article 9 products may invest in a wide range of
methodology and underlying assets, provided they qualify as
presentation to be sustainable investments under SFDR Article 2(17).
disclosed To meet prudential, product-related sector-
specific rules requirements, an Article 9 product
may include assets for certain specific purposes,
10 March 2021 such as hedging or liquidity.
Compliance office
High-risk
countries
17 May 2023
compliancevision.com