UK New Legislation,The Financial Services (Gibraltar) (Amendment) (EU Exit) Regulations 2024

UK Enacts Amendment to Gibraltar Financial Services Regulations in Preparation for EU Exit

On November 14, 2024, the United Kingdom enacted The Financial Services (Gibraltar) (Amendment) (EU Exit) Regulations 2024. This amendment aims to ensure a smooth transition for the financial services sector in Gibraltar after the UK’s departure from the European Union (EU).

Key Provisions

The regulations introduce several important provisions, including:

  • Implementing EU Directives: The amendment transposes into Gibraltar law certain EU directives related to financial services, such as the Markets in Financial Instruments Directive (MiFID II) and the Payment Services Directive (PSD2). This ensures that Gibraltar continues to align with EU regulations after Brexit.
  • Cross-Border Provision of Services: The regulations facilitate the cross-border provision of financial services between Gibraltar and the EU. Firms authorized in Gibraltar will be permitted to continue operating in the EU, subject to certain conditions.
  • Access to EU Markets: Gibraltar-based financial institutions will have continued access to EU markets through the “equivalence” mechanism. This mechanism allows non-EU countries to gain regulatory recognition from the EU, enabling their financial services providers to operate within the EU.
  • Transitional Arrangements: The regulations include transitional arrangements to provide firms with time to adjust to the new regulatory framework.

Rationale

The amendment to the Financial Services (Gibraltar) Regulations is intended to address the challenges posed by Brexit to the financial services sector in Gibraltar. By implementing EU directives and facilitating cross-border provision of services, the UK aims to maintain the competitiveness and sustainability of Gibraltar’s financial industry.

Implications

The regulations have several implications for businesses and individuals in Gibraltar:

  • Continued Access to EU Markets: Gibraltar-based financial institutions will have continued access to EU markets, ensuring stability and continuity for the sector.
  • Regulatory Consistency: By aligning with EU regulations, Gibraltar maintains a high level of regulatory consistency, which is important for businesses operating in both jurisdictions.
  • Cross-Border Cooperation: The regulations facilitate cross-border cooperation between Gibraltar and the EU, fostering innovation and economic growth.

Conclusion

The Financial Services (Gibraltar) (Amendment) (EU Exit) Regulations 2024 is a significant piece of legislation that ensures a smooth transition for the financial services sector in Gibraltar after Brexit. By implementing EU directives and facilitating cross-border provision of services, the UK aims to maintain the competitiveness and sustainability of Gibraltar’s financial industry.


The Financial Services (Gibraltar) (Amendment) (EU Exit) Regulations 2024

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