Financial Conduct Authority
FCA announces extension to its use of the temporary transitional power
The Financial Conduct Authority (FCA) yesterday confirmed it intends to extend the proposed duration of the directions issued under the temporary transitional power to the 31 December 2020. This is to reflect the extension of Article 50. Other than the additional time the FCA’s approach remains unchanged.
The temporary transitional power is intended to minimise disruption for firms and other regulated entities if the UK leaves the EU without a withdrawal agreement. Under the power firms do not generally need to prepare now to meet the changes to their UK regulatory obligations that are connected to Brexit.
Nausicaa Delfas, Executive Director of International at the Financial Conduct Authority, yesterday said:
“The temporary transitional power is a key part of our contingency planning if the UK leaves the EU without an agreement. This extension should give firms and other regulated persons the time they need to phase in any regulatory changes they may need to make as a result of 'onshored' EU legislation. The power will provide certainty, ensure continuity and reduce the risk of disruption.
“As we said in February, there are some areas where it would not be appropriate to phase in the changes. For example, reporting rules under MiFID II as receiving these reports is crucial to our ability to ensure market oversight and the integrity of financial markets. In these few areas only, we still expect firms and other regulated entities to take reasonable steps to comply with the changes to their regulatory obligations by exit day.”
As the FCA announced in February 2019, there are specific areas where it will not be granting transitional relief and, in these areas, it continues to expect firms and other regulated entities to take reasonable steps to comply with the changes to their regulatory obligations by exit day.
The following firms or persons should continue their preparations to comply with the changes:
- Firms subject to the MiFID II transaction reporting regime, and connected persons (for example approved reporting mechanisms).
- Firms subject to reporting obligations under the European Market Infrastructure Regulation (EMIR).
- EEA Issuers that have securities traded or admitted to trading on UK markets.
- Investment firms subject to the Bank Recovery and Resolution Directive (BRRD) and that have liabilities governed by the law of an EEA State.
- EEA firms intending to use the market-making exemption under the Short Selling Regulation.
- Firms intending to use credit ratings issued or endorsed by FCA-registered credit ratings agencies after exit day.
- UK originators, sponsors, or securitisation special purpose entities (SSPEs) of securitisations they wish to be considered simple, transparent, and standardised (STS) under the Securitisation Regulation.
The FCA expects firms to use the additional time between now and the end of October to prepare to meet these obligations. If firms are not ready to meet these obligations in full, we will expect to see evidence of why this was not possible.
The FCA will publish further information before exit day on how firms should comply with post-exit rules. The extension is aligned with the end date intended by the Bank of England and the Prudential Regulation Authority (PRA).
Notes to Editors
- FCA statement on the temporary transitional power 1 February 2019.
- PS19/5: Brexit Policy Statement and Transitional Directions
- Bank of England consultation paper - UK withdrawal from the EU: Changes after Article 50 extension(link is external)
- FCA Statement: Brexit – what we expect firms and other regulated persons to do now.
- More details about MiFID transaction reporting and our new IT system for validation and publication of instrument reference data, FCA Financial Instrument Reference Data System (FIRDS) including our project timetables and the industry testing schedule.
- Statutory Instrument: The Financial Services and Markets Act 2000 (Amendment) (EU Exit) Regulations 2019(link is external).
- On 25 October 2018, the UK Parliament approved legislation(link is external) delegating power to regulators to address deficiencies arising from the UK’s withdrawal from the EU.
- On 6 November 2018, the UK Parliament approved legislation(link is external) setting out the temporary permissions regime for passporting firms under Schedule 3 and treaty firms under Schedule 4 to the Financial Services and Markets Act. Parliament has also approved(link is external) legislation providing similar schemes for institutions passporting under the Electronic Money Directive or Payment Services Directive 2. Under the legislation relevant firms which notify before UK withdrawal of their wish to continue to do business in the UK, will be deemed to have temporary UK authorisation. A similar regime will apply to the UK recognition of investment funds.
- Firms can find out if they use a passport by checking the Financial Services Register.
- The FCA has set out its approach to transition regimes, alongside the temporary permissions regime:
- Temporary permissions regime
- Registering as a credit rating agency
- Registering as a trade repository
- Temporary authorisation regime for data reporting services providers (DRSPs)
- On 1 April 2013, the FCA became responsible for the conduct supervision of all regulated financial firms and the prudential supervision of those not supervised by the Prudential Regulation Authority (PRA).
- The FCA has an overarching strategic objective of ensuring the relevant markets function well. To support this it has three operational objectives: to secure an appropriate degree of protection for consumers; to protect and enhance the integrity of the UK financial system; and to promote effective competition in the interests of consumers.
- Find out more information about the FCA.
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