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PRACTICE NOTES
The Bank Recovery and Resolution Directive 2014/59/EU (EU BRRD) establishes a framework for the recovery and resolution of investment firms and credit institutions and sets out a common resolution regime in the EU that allows authorities to deal with failing institutions and creates a dialogue and system of co-operation between home and host authorities. This Practice Note looks at a number of technical standards and guidelines issued by the European Banking Authority (EBA), as mandated by the EU BRRD (as amended by Directive 2019/879 (EU BRRD II)). A package of legislation intended to reduce risks in the EU banking sector, known as the ‘banking package’, was published in the Official Journal of the EU on 7 June 2019. The package included revised rules on bank recovery and resolution, set out in EU BRRD II which amended the EU BRRD. EU BRRD II entered into force on 27 June 2019 and was required to be transposed into Member States’ national legislation by 28 December 2020, except for one provision relating
CHECKLISTS
This timeline shows key developments relating to the Bank Recovery and Resolution Directive 2014/59/EU (EU BRRD) from 2024 onwards. For earlier developments, see Bank Recovery and Resolution Directive (BRRD)—timeline [Archived] 2026 Date Source Document Description 11 March 2026 European Commission Commission Implementing Regulation (EU) 2026/519 of 10 March 2026 amending the implementing technical standards laid down in Implementing Regulation (EU) 2021/622 as regards the frequency of reporting and the information to be reported Commission Implementing Regulation (EU) 2026/519 of 10 March 2026 amending the implementing technical standards laid down in Implementing Regulation (EU) 2021/622 as regards the frequency of reporting and the information to be reported has been published in the Official Journal of the EU and enters into force on 31 March 2026. 9 March 2026 EBA Banking Resolution: Submission of the Final Draft Regulatory Technical Standards amending Commission Implementing Regulation (EU) 2016/1075 with regard to regulatory technical standards specifying the content of resolution plans and group resolution plans and the operational functioning of the resolution colleges The European Banking Authority
NEWS
The European Banking Authority (EBA) is consulting on three sets of draft regulatory technical standards (RTS) which aim to standardise the collection and the record of operational risk losses and to provide clarity on the exemptions for the calculation of the annual operational risk loss and on the adjustments to the loss data set that banks must perform in case of merged or acquired entities or activities. Responses are sought by 6 September 2024.
PRACTICE NOTES
Key information Bathing Water Directive Title Directive 2006/7/EC of the European Parliament and of the Council of 15 February 2006 concerning the management of bathing water quality and repealing Directive 76/160/EEC (Bathing Water Directive) Entry into force 24 March 2006 Transposition deadline 24 March 2008 National transposition measures See Eur-Lex information on national transposition measures, as provided by Member States Amendments —Regulation (EC) 596/2009 of 18 June 2009. In force from 7 August 2009.—Directive 2013/64/EU of 17 December 2013. In force 1 January 2014. Note that this Directive is addressed to France only as regards its obligations arising from the change of status of Mayotte, which is now part of the EU. Subject Bathing waters, water quality Purpose The purpose of the Bathing Water Directive is to preserve, protect and improve the quality of the environment and to protect human health by complementing the Water Framework Directive 2000/60/EC (WFD). It lays down provisions for: • the monitoring and classification of bathing water quality • the management of bathing water quality, and
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Key information Batteries Directive Title Directive 2006/66/EC of the European Parliament and of the Council of 6 September 2006 on batteries and accumulators and waste batteries and accumulators and repealing Directive 91/157/EEC (Batteries Directive) Entry into force 26 September 2006 Deadline for transposition 26 September 2008 National transposition measures See Eur-Lex information on national transposition measures, as provided by Member States Amended by See: consolidated version Subject Producer responsibility, batteries What is the EU Batteries Directive? Directive 2006/66/EC on batteries and accumulators and waste batteries and waste accumulators (the Batteries Directive) aims to minimise the impact of batteries and waste batteries on the environment. Previous EU legislation on batteries failed to adequately address the risks posed by waste batteries and to create a uniform system for collecting and recycling batteries. In 2002, an impact assessment undertaken by the Commission reported that more than 45% of all portable batteries sold in
Q&As
What is the background to benchmark reform? Proposals for benchmark reform in the UK, European Union (EU) and elsewhere were triggered by the LIBOR scandals where it emerged that traders had been manipulating LIBOR. The UK responded with commissioning a report into LIBOR (known as the The Wheatley Review) and taking steps to implement its recommendations. Developments internationally included the report in July 2013 by the International Organization of Securities Commissions (IOSCO) [Archived] on 'Principles for Financial Benchmarks' which set a common cross-jurisdictional framework for good market practice. The Financial Stability Board has also published reports on specific benchmarks, recommending in particular that key benchmarks are more anchored in transaction data and that alternative risk-free benchmarks are introduced to give users more choice. Work is ongoing in the UK to develop sterling risk-free reference rates. In the EU, a new Benchmark Regulation was proposed in September 2013 and is now going through its final stages. Together with the Benchmark Regulation, the European Commission (Commission)
PRACTICE NOTES
EU Benchmarks Regulation—background and purpose Benchmarks are vital to the pricing of numerous financial instruments and commercial and non-commercial contracts. Following reports of the manipulation of various benchmarks, such as London Interbank Offered Rate (LIBOR), there were widespread concerns as to the integrity of benchmarks generally. This resulted in subsequent investigations and enforcement action by regulators into various benchmarks. It is in this context that on 18 September 2013 the Commission published its proposal for a Regulation on indices used as benchmarks in financial instruments and financial contracts. Regulation (EU) 2016/1011 (the EU Benchmarks Regulation) was published in the Official Journal of the EU on 29 June 2016 and came into force on 30 June 2016. The EU Benchmarks Regulation aims to protect investors and regain consumer confidence in the indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and the benchmark setting process. The EU Benchmarks Regulation also seeks to address the issue of transparency in all aspects of benchmarks allowing users of a benchmark to make the most
PRACTICE NOTES
This Practice Note lists the delegated acts, implementing decisions and guidelines adopted under the Benchmarks Regulation (EU) 2016/1011 (EU Benchmarks Regulation). For information on the EU Benchmarks Regulation, see Practice Notes: • EU Benchmarks Regulation—essentials, and • EU Benchmarks Regulation—one minute guide • EU Benchmarks Regulation—timeline EU Benchmarks Regulation—Level 2 measures RTS/ITS Subject Commission Implementing Regulation (EU) 2016/1368 Commission Implementing Regulation (EU) 2016/1368 establishes a list of critical benchmarks pursuant to Article 20 (1) of the Benchmarks Regulation.It has been amended by:• Commission Implementing Regulation (EU) 2017/1147 • Commission Implementing Regulation (EU) 2017/2446 • Commission Implementing Regulation (EU) 2018/1106, and • Commission Implementing Regulation (EU) 2019/482 Commission Delegated Regulation (EU) 2018/66 Commission Delegated Regulation (EU) 2018/66 specifies how the nominal amount of financial instruments other than derivatives, the notional amount of derivatives and the net asset value of investment funds are to be assessed for the purposes of Article 20(1) of the Benchmarks Regulation. Commission Delegated Regulation (EU) 2018/65 Commission Delegated Regulation (EU) 2018/65 specifies technical elements
PRACTICE NOTES
This Practice Note provides high-level guidance on Regulation (EU) 2016/1011 (the EU Benchmarks Regulation). For more detailed information, see Practice Note: EU Benchmarks Regulation—essentials. Background to the EU Benchmarks Regulation Benchmarks are vital to the pricing of numerous financial instruments and commercial and non-commercial contracts. Following reports of the manipulation of various benchmarks, such as LIBOR, there were widespread concerns as to the integrity of benchmarks generally. This resulted in subsequent investigations and enforcement action by regulators into various benchmarks. It is in this context that on 18 September 2013, the Commission published its proposal for a Regulation on indices used as benchmarks in financial instruments and financial contracts. The EU Benchmarks Regulation was published in the Official Journal of the EU on 29 June 2016 and came into force on 30 June 2016. The majority of its provisions apply from 1 January 2018. Objectives of the EU Benchmarks Regulation The EU Benchmarks Regulation aims to protect investors and regain consumer confidence in the indices used as benchmarks in financial instruments and financial contracts
CHECKLISTS
This timeline shows key developments relating to Regulation (EU) 2016/1011 (the EU Benchmarks Regulation) from January 2024 onwards. For earlier developments, see Benchmarks Regulation—timeline [Archived] 2026 Date Source Document Description 11 February 2026 OJ Commission Delegated Regulation (EU) 2026/323 of 29 October 2025 amending Delegated Regulation (EU) 2022/805 as regards fees for the supervision by the European Securities and Markets Authority of benchmark administrators endorsing third-country benchmarks Commission Delegated Regulation (EU) 2026/323 of 29 October 2025 amending Delegated Regulation (EU) 2022/805 to establish supervisory fees for EU benchmark administrators that endorse third-country benchmarks has been published in the Official Journal of the EU (OJ).The amendment follows the implementation of Regulation (EU) 2025/914, which amended the EU Benchmarks Regulation (EU BMR) by expanding the European Securities and Markets Authority (ESMA) supervisory mandate to include this new category of administrators.Regulation (EU) 2026/323 entered into force on 12 February 2026. 2 February 2026 European Commission Financial benchmarks – exemption of certain spot FX benchmarks (BMR review) The European Commission is consulting on a proposed act introducing a list of spot FX benchmarks
NEWS
MLex: The EU's main Big Tech data regulator, the Irish Data Protection Commission (DPC), will continue with business as usual after the departure of its longtime chief, a senior official at the authority said today.
PRACTICE NOTES
Key information EU Biocidal Products Regulation Title Regulation (EU) 528/2012 of the European Parliament and of the Council of 22 May 2012 concerning the making available on the market and use of biocidal products Entry into force 16 July 2012—see Regulation (EU) 528/2012, art 97Applicable from 1 September 2013 Transposition Deadline N/A: Regulations are directly applicable on Member States, so no transposition is necessary Amendments —Commission Delegated Regulation (EU) 736/2013 of 17 May 2013 amending Regulation (EU) No 528/2012 of the European Parliament and of the Council as regards the duration of the work programme for examination of existing biocidal active substances—Commission Delegated Regulation (EU) 837/2013 of 25 June 2013 amending Annex III to Regulation (EU) No 528/2012 of the European Parliament and of the Council as regards the information requirements for authorisation of biocidal products—Regulation (EU) 334/2014 of the European Parliament and of the Council of 11 March 2014 amending Regulation (EU) No 528/2012 concerning the making available on the market and