European Commission Reports on Extending Empowerment to Adopt Delegated Acts Under the Benchmark Regulation

A&O Shearman
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A&O Shearman

The European Commission has published a report addressed to the European Parliament and Council of the European Union on the delegation of power to adopt delegated acts conferred on the Commission pursuant to the Benchmark Regulation. Under Article 49(1) of the BMR the Commission was empowered to adopt delegated acts for five years, which could be extended for a further five-year period unless the European Parliament and Council of the European Union oppose it no later than three months before the end of each period. Initially, the five-year period ran from June 30, 2016, until June 30, 2021. Regulation (EU) 2019/2089 amended Article 49(2) of the BMR extending the empowerment to December 10, 2024, and imposed a requirement on the Commission to prepare a report on the delegation of power. The report aims to fulfill that requirement. The report sets out the Delegated Acts that the Commission has made under the BMR, as well as empowerments that have not yet been exercised. Regarding the delegated acts that would apply to third-country benchmarks, the Commission notes that the transitional period for third-country benchmarks has been extended several times, most recently to the end of 2025, and therefore adoption of those delegated acts would be premature. The U.K. has extended the same transitional period under U.K. BMR for third-country benchmarks to the end of 2030. Regarding the delegated acts that would review the quantitative thresholds between critical, significant and nonsignificant benchmarks, the Commission has not been made aware of any practical difficulties arising from the existing thresholds that indicate that a revision is needed. The Commission also points to the current legislative proposal to amend the BMR, which may impact the scope of or need for the delegated acts. The Commission notes that, given the information provided in the report, there is a clear need for a tacit extension of the delegation of power for a further five years.

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