The AMF informs about the approaching application date on 23 March 2023 of the EU Regulation 2022/858 (DLT Pilot Regulation) on a pilot regime for market infrastructures based on DLT.
To recall, ESMA issued a Report on the DLT Pilot Regime and compensatory measures on supervisory data in September 2022 (please see Event#17509), and a corresponding FAQ (please see EventID#18718) on the practical implementation of the DLT Pilot Regime, making recommendations towards compensatory measures national competent authorities should request to ensure the integrity, completeness, consistency, usability & comparability of the supervisory data collected from DLT market infrastructures.
ESMA also published a Final report on guidelines on standard forms, formats and templates to apply for permission to operate a DLT Market Infrastructure in December 2022, which contains application templates for applicants in order to submit new or already established entities, or requesting exemptions under the requirements of MiFID II/MiFIR and CSDR (please see EventID#18681).
France’s legal framework for DLT-registered securities is currently being updated, seeking to align with the EU Pilot Regime framework on the one hand, and on the other hand the meet the needs of French issuers of DLT financial instruments. Securities registered either within a DLT according to the Order 2017-1674, or within a DLT according to the DLT Pilot Regulation, will constitute financial instruments admitted to trading on a DLT market infrastructure. According to the draft bill currently being discussed organising the attribution of roles among authorities at the French level – „the AMF will be the entry point for regulated markets (that seek to operate a DLT MTF) and central security depositaries, and the ACPR for investment firms“.
