• UK FCA issued the Technical Standards (Markets in Financial Instruments) (Transaction Reporting) Instrument 2022 (FCA 2022/4), as part of its Handbook Notice 96.
• Follows FCA Dec. 2021 issued CP21/35 quarterly consultation paper 34.

Transaction Reporting

• Following consultation in CP 21/35, FCA Board has made changes to technical standard on transaction reporting (Regulatory Technical Standard (RTS) 22, as onshored).
• Amends exclusion from transaction reporting for securities financing transactions (SFTs) set out in article 2(5)(a) of Markets in Financial Instruments Directive RTS 22.
• Currently, exclusion is a qualified exclusion, as it does not apply to SFTs to which the counterparty is a member of the European System of Central Banks (ESCB) or BoE.
• The amendment widens the existing exclusion of SFTs to also include SFTs where the counterparty is a member of the ESCB or the Bank of England.

Effectiveness

• Instrument comes into force on 1 April 2022; feedback has been published in chp 3.

Passport Regulations

• Enforcement Guide (EU Exit Passport Regulations) Instrument 2022 (FCA 2022/5).
• Instrument makes changes to Enforcement Guide (EG) to add new section EG 19.42.
• Changes explain a power under the EU Exit Passport Regulations and how the FCA are likely to exercise this power; instrument comes into force on 28 February 2022.
• Feedback has been published in chapter 3 of the Handbook Notice.