Delegated regulation 2019/463 - Amendment of Regulation 2015/2365 with regard to the list of exempted entities - Main contents
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Commission Delegated Regulation (EU) 2019/463 of 30 January 2019 amending Regulation (EU) 2015/2365 of the European Parliament and of the Council with regard to the list of exempted entities (Text with EEA relevance.)| Legal instrument | delegated regulation |
|---|---|
| Number legal act | Delegated regulation 2019/463 |
| CELEX number i | 32019R0463 |
| Document | 30-01-2019; Date of adoption |
|---|---|
| Publication in Official Journal | 22-03-2019; OJ L 80 p. 16-17 |
| Effect | 01-01-1001; Application See Art 2 23-03-2019; Entry into force Date pub. +1 See Art 2 |
| End of validity | 31-12-9999 |
22.3.2019 |
EN |
Official Journal of the European Union |
L 80/16 |
COMMISSION DELEGATED REGULATION (EU) 2019/463
of 30 January 2019
amending Regulation (EU) 2015/2365 of the European Parliament and of the Council with regard to the list of exempted entities
(Text with EEA relevance)
THE EUROPEAN COMMISSION,
Having regard to the Treaty on the Functioning of the European Union,
Having regard to Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse (1), and in particular Article 2(4) thereof,
Whereas:
(1) |
On 29 March 2017, the United Kingdom submitted the notification of its intention to withdraw from the Union pursuant to Article 50 of the Treaty on European Union. The Treaties will cease to apply to the United Kingdom from the date of entry into force of a withdrawal agreement or failing that, two years after that notification, unless the European Council, in agreement with the United Kingdom, unanimously decides to extend that period. |
(2) |
The withdrawal agreement as agreed between the negotiators contains arrangements for the application of provisions of Union law to and in the United Kingdom beyond the date the Treaties cease to apply to the United Kingdom. If that agreement enters into force, Regulation (EU) 2015/2365, including the exemption provided for in Article 2(2)(a) of that Regulation, will apply to and in the United Kingdom during the transition period in accordance with that agreement and will cease to apply at the end of that period. |
(3) |
The withdrawal of the United Kingdom from the Union would, in the absence of any special provisions, have the effect that the exemption for the members of the European System of Central Banks (ESCB) and other Member States' bodies performing similar functions and other Union public bodies charged with, or intervening in, the management of the public debt in Article 2(2)(a) of Regulation (EU) 2015/2365 will no longer apply to the United Kingdom central bank and other bodies performing similar functions and other public bodies charged with, or intervening in, the management of the public debt in the United Kingdom. |
(4) |
The Commission has carried out an assessment of the international treatment of central banks and the public bodies charged with or intervening in the management of the public debt under the laws to be applicable in the United Kingdom with regards to securities financing transactions after its withdrawal from the Union and has presented its conclusions to the European Parliament and the Council. |
(5) |
The Commission concluded in its assessment that the United Kingdom central bank and public bodies charged with or intervening in the management of the public debt should be exempted from the reporting obligation under Article 4 and the reuse transparency requirements under Article 15 of Regulation (EU) 2015/2365. |
(6) |
The authorities of the United Kingdom have provided assurances on the status, rights and obligations of ESCB members, including their intention to grant to the members of the ESCB and other Member States' bodies performing similar functions and other Union public bodies charged with or intervening in the management of the public debt an exemption comparable to the one provided for in Article 2(2) of Regulation (EU) 2015/2365. |
(7) |
Consequently, the central bank of the United Kingdom and other bodies performing similar functions and other public bodies charged with, or intervening in, the management of the public debt in the United Kingdom should be included in the list of exempted entities laid down in Regulation (EU) 2015/2365. |
(8) |
Therefore, Regulation (EU) 2015/2365 should be amended... |
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