The European Commission gave on Thursday, with the revision of the Markets in Financial Instruments Directive (MiFID) and market abuse (MAD), launched a very heavy fall in the regulation of the finance sector .
Other texts to be published in the coming weeks include the third draft of the regulation of rating agencies, a European framework for the management of bank failures or closer supervision of the audit activity, not to mention ongoing negotiations on derivatives and the transposition of European agreements known as Basel III on bank capital.
The new rules on markets in financial instruments cover both the activities of banks in terms of brokerage, consulting, trading, portfolio management and underwriting services.
They also regulate the operation of traditional exchanges and other trading platforms – also called "multilateral trading facilities."
The rules on market abuse for their prey to cases of insider trading and market manipulation.
Eager to get tough practices, the Commission proposes a non-binding framework calling on member states to integrate criminal sanctions in their national legislation for people found guilty of such abuses.
In a statement, the Commissioner for the Internal Market, Michel Barnier, has insisted that the legislation met the market developments in recent years.
"The financial markets have to work to the real economy and not the other way (…) The crisis has shown that certain activities and financial products reached a degree of complexity and opacity changes as have become indispensable" , he said.
MARKET DEVELOPMENTS
Here is a list of the main proposals contained in these texts:
* Outside the MTFs and regulated markets, "organized systems of negotiation," in which particular exchange traded derivatives contracts will now be covered by European regulations.
* Algorithmic trading and the high frequency will be better framed to take into account the systemic risk they represent.
* The text on markets in financial instruments will also seek to increase the transparency of trading on equity markets, including the "dark pools".Bond markets and derivatives too should meet the rules of transparency.
* Supervision and oversight of derivatives markets on commodities will be increased. In coordination with the new supervisor European markets, national supervisors may prohibit certain products when they undermine investor protection, financial stability or proper functioning of markets.Operators have an obligation to report their positions and position limits will be introduced in case of market disruption.
* The rules for portfolio management, investment advice and offers of complex financial products are also strengthened.
* In terms of market abuse, the new regulation also seeks to adapt itself to the recent market now covering instruments traded on alternative platforms and OTC.
* Regulators will have increased access to information needed to detect and punish market abuse.The latter will be able to require disclosure of data from the telcos and access to buildings or private documents when a suspected market abuse.
* Finally, the range of sanctions is itself also revised upwards. Fines will not be less than the benefit obtained from the market abuse and may be up to twice that amount. The Commission also proposes to harmonize the national sanctions in this matter by criminalizing the countries where they are not considered as such.