Diritto ed Economia dell'ImpresaISSN 2499-3158
G. Giappichelli Editore

30/08/2022 - ESMA publishes its response to the EC’s consultation on benchmarks administered in a third country

argomento: News del mese - Diritto Internazionale e Comunitario

Articoli Correlati: ESMA - European Commission - Benchmarks

The European Commission published a consultation on benchmarks administered in a third country and on August 19th, 2022, the European Securities and Markets Authority (ESMA), the EU’s securities markets regulator, issued its response on the applicable regime, underlining all aspects that are deemed relevant for the entity, while suggesting several improvements to the discipline. Specifically, ESMA’s ideas suggest a new level of communication between different entities and administrators and that the restrictions on the use of TC benchmarks should be eliminated while ensuring a level playing field between EU and TC administrators. Furthermore, the European Regulator promotes the idea to create a new category of ‘strategic’ benchmarks that would be the only one subject to mandatory restrictions of use. Eventually, ESMA claims that the introduction of an EU ESG benchmark label would be an extra supporting tool against greenwashing. Following ESMA’s response the European Commission will draft a report and submit it to the European Parliament and Council.