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Published date: 29 April 2020

ESMA issues No Action Letter on the new ESG disclosure requirements under the Benchmarks Regulation (ESMA71-99-1323)

The European Securities and Markets Authority (ESMA), the EU’s securities markets regulator, is issuing a No Action Letter to promote coordinated action by National Competent Authorities (NCAs) regarding the new environmental, social and governance (ESG) disclosure requirements for benchmark administrators under the Benchmarks Regulation (BMR). It is also issuing an Opinion to the European Commission (EC) on the need for prompt adoption of the relevant Delegated Acts.

ESMA and NCAs are aware of the difficulties encountered by administrators in fulfilling the new requirements in the BMR on ESG-related disclosures for benchmarks prior to the application of the related Delegated Acts. The new requirements are due to apply on 30 April 2020 and require benchmark administrators to include details of how ESG factors are reflected in their methodology documents and benchmark statements.

ESMA considers that it is necessary for NCAs to address the absence of the Delegated Acts through consiste