LexGo

Upcoming EU interbank offered rates (“IBORs”) transition
25/07/2019

The European Central Bank’s (“ECB”) working group on euro risk-free rates published earlier this week its final recommendations regarding the EONIA to €STR Legal Action Plan subsequent to the third public consultation issued in this respect. The EONIA to €STR Action Plan covers legacy and new agreements referencing EONIA in different contexts (in particular derivative transactions, collateral agreements and cash products) and was developed by the ECB working group in coordination with some of the major market participants. The main aim of the Action Plan and the related communications made by the ECB is to support the market in the implementation of the transition away from EONIA. As such, application of any of the ECB’s 33 recommendations is at the full discretion of market participants.

The key recommendations are as follows:

  • as from 2 October 2019, avoiding entering into any new contracts referencing EONIA, in particular where these contracts have a maturity date after 31 December 2021;
  • for legacy contracts maturing after 31 December 2021 and referencing EONIA, replacing EONIA as primary rate as soon as possible or ensuring the implementation of robust fallback clauses referring to a fallback rate;
  • designating €STR plus a spread as the fallback rate to be chosen in replacement of EONIA, irrespective of the type of product or purpose involved. 

This ECB initiative took place as part of a broader shift in the EU IBORs framework, resulting in a global transition from the use of IBORs to the use of alternative benchmarks, mainly consisting of risk-free rates (“RFRs”). A large number of market participants have become accustomed to using IBORs for multiple financial products since the 1980s. Nevertheless, IBORs’ vulnerability to misconducts and conflicts of interest has in particular been illustrated in the difficulties encountered by the administrators of such benchmarks when facing the new requirements established by Regulation (EU) 2016/1011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds.

As a response to the challenges set-out by the new EU regulatory framework, a transition from some of the main IBORs to new benchmarks is under way. In this context, the following IBORs will evolve and/or be discontinued and replaced: 

  • as described above, EONIA will be replaced by €STR, a new benchmark to be issued by the ECB as from 2 October 2019;
  • EURIBOR will be replaced by the HYBRID EURIBOR, still issued by the European Money Market Institute and in respect of which a transition is envisaged before the end of 2019;
  • GBP LIBOR will be replaced by the Sterling Overnight Interbank Average Rate (SONIA), a benchmark already issued by the Bank of England and which should completely replace GBP LIBOR by the end of 2021 at the latest;
  • USD LIBOR will be replaced by the Secured Overnight Financing Rate (SOFR), a benchmark issued by the Federal Reserve Bank of New York since 2 April 2018 and to which a transition is in progress and should again be completed by the end of 2021 at the latest.

Regulators and policymakers are currently focusing their efforts on a way to smoothen the transition from IBORs to RFRs or other alternatives, so as to minimise any market disruption or value transfer and ensure financial stability. 

In light of the potential impact of such transition on the market, each stakeholder should closely monitor developments and take actions to already have a clear understanding of which of its products and/or transactions will be affected and what its transition plan will be. 

Related : Arendt ( Mrs. Michèle Eisenhuth ,  Mr. Matthieu Taillandier ,  Mr. Piotr Giemza-Popowski ,  Mr. Gregory Minne )

[+ http://www.arendt.com]

Mrs. Michèle Eisenhuth Mrs. Michèle Eisenhuth
Partner
michele.eisenhuth@arendt.com
Mr. Matthieu Taillandier Mr. Matthieu Taillandier
Partner
matthieu.taillandier@arendt.com
Mr. Piotr Giemza-Popowski Mr. Piotr Giemza-Popowski
Counsel
piotr.giemza-popowski@arendt.com
Mr. Gregory Minne Mr. Gregory Minne
Partner
gregory.minne@arendt.com

All articles Banking law

Lastest articles Banking law

Implementation of the 5th AML Directive into Luxembourg law: the last piece of the puzzle – Key...
31/03/2020

The law1 of 25 March 2020 implementing EU Directive 2018/8432 (the “5th AML Directive”) and amending...

Read more

New measures for Luxembourg investment funds in the context of COVID-19
27/03/2020

Considering the development of the COVID-19 crisis, a number of new measures and communications have been issued to the at...

Read more

COVID-19: Overview of Luxembourg supporting measures
26/03/2020

The Covid-19 outbreak has been declared a public health emergency of international concern by the World Health Organi...

Read more

Luxembourg law implementing remaining aspects of Directive EU 2018/843 (“AMLD V”) adopted
25/03/2020

On 21 March 2020, the Luxembourg Parliament adopted the law implementing the remaining aspects of the 5th Anti-Money Laund...

Read more

Lastest articles by Mrs. Michèle Eisenhuth

UCITS KIID benchmark disclosures - the CSSF’s expectations
30/01/2020

The CSSF published a communication reminding UCITS management companies and self-managed UCITS to include the changes requ...

Read more

Regulation amending the Benchmarks Regulation published
16/12/2019

Regulation (EU) 2019/2089 of the European Parliament and of the Council of 27 November 2019 amending Regulation (EU) 2016/...

Read more

IBORs: EONIA to €STR transition started today
03/10/2019

The transition from the Euro OverNight Index Average ("EONIA") to a new interest rate based exclusively on actua...

Read more

Benchmarks Regulation: upcoming amendment
17/04/2019

The European Parliament has recently reached a political agreement with the European Council and European Commission regar...

Read more

Lastest articles by Mr. Matthieu Taillandier

IBORs: EONIA to €STR transition started today
03/10/2019

The transition from the Euro OverNight Index Average ("EONIA") to a new interest rate based exclusively on actua...

Read more

Highlights of the new Luxembourg prospectus law
03/07/2019

Today (02.07), the Luxembourg parliament has adopted the final text of the bill of law (the “New Prospectus Law...

Read more

PRIIPs KID: The final pieces of the puzzle
18/07/2017

The pieces of the puzzle are finally falling into place. The long- awaited level 3 and 4 measures have been published earl...

Read more

PRIIPs KID: the European Commission announces a 12 month-delay in implementation
10/11/2016

In the interests of ensuring a smooth implementation and to ensure legal certainty for the industry, the European Commissi...

Read more

Lastest articles by Mr. Piotr Giemza-Popowski

UCITS KIID benchmark disclosures - the CSSF’s expectations
30/01/2020

The CSSF published a communication reminding UCITS management companies and self-managed UCITS to include the changes requ...

Read more

Regulation amending the Benchmarks Regulation published
16/12/2019

Regulation (EU) 2019/2089 of the European Parliament and of the Council of 27 November 2019 amending Regulation (EU) 2016/...

Read more

IBORs: EONIA to €STR transition started today
03/10/2019

The transition from the Euro OverNight Index Average ("EONIA") to a new interest rate based exclusively on actua...

Read more

Benchmarks Regulation: upcoming amendment
17/04/2019

The European Parliament has recently reached a political agreement with the European Council and European Commission regar...

Read more

Lastest articles by Mr. Gregory Minne

Restructuring & Insolvency – Briefing note 2/2
07/10/2019

This is the second of a series of two briefing notes published by the Restructuring & Insolvency practice of Arendt on...

Read more

IBORs: EONIA to €STR transition started today
03/10/2019

The transition from the Euro OverNight Index Average ("EONIA") to a new interest rate based exclusively on actua...

Read more

Restructuring & Insolvency – Briefing note 1/2
18/09/2019

Part 1 – Update on the upcoming reform of Luxembourg insolvency law

Read more

LexGO Network