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Pablo Portugal
The EU Must Strengthen the Competitiveness of Its Financial Markets
20 Jun 2022
Europe’s economy is on another unpredictable course. The outbreak and resurgence of the COVID-19 pandemic over the last two years and now the economic impact of the war in Ukraine underscore why the European Union (EU) needs a resilient and diversified financial system able to withstand sudden economic shocks. Meanwhile, the financing needs associated with the green and digital transitions remain as urgent as ever: Europe’s financial system needs to be geared towards channelling the significant scale of investment required to enable these transformations. Capital-market financing will need to play a central role in meeting these challenges. Yet, the EU’s capital markets remain fragmented and under-sized. Deepening integration and expanding the international reach of EU capital markets are, therefore, paramount to Europe’s economic prospects and overall strategic goals. European capital markets and regulatory frameworks continue to evolve in the post-Brexit environment. Major legislative proposals that may have far-reaching impacts on the European banking sector, capital-markets ecosystem and sustainable-finance advancement are under consideration. In light of such changes, the EU needs to pursue regulatory outcomes that not only preserve and reinforce financial stability and investor protection but, crucially, encourage increased participation in EU capital markets from both local and international players. A strong focus on this principle will be essential to further developing the EU’s capacity in primary and secondary capital markets. Increasing markets’ competitiveness will be vital for Europe’s economic strength. Financial markets in the EU—or any other jurisdiction—do not function in isolation. They are interconnected, and financial centres across the globe compete with each other. This is especially true for wholesale markets in which sophisticated investors and market participants are themselves active in multiple jurisdictions and have choices to make regarding deploying their capital and accessing liquidity pools. This is why policymaking should contribute, where possible, to strengthening the attractiveness and competitiveness of EU capital markets. In turn, this will support current efforts to scale up the Union’s market ecosystem, promote the international use of the euro and achieve greater strategic autonomy in financial services. Promoting international cooperation and regulation supporting market development The major successful global financial centres are characterised by their high regulatory standards, quality of their legal frameworks, openness to global pools of capital and scale of their underlying financial ecosystems. Maintaining openness and connectivity with non-EU markets is essential in continuing to build the EU’s capital-market capacity. The EU should continue to champion open capital markets that allow EU participants access to international capital pools and funding opportunities while ensuring market integrity and fair treatment between EU firms and third-country entities. Furthermore, greater importance needs to be placed on supporting global regulatory cooperation, particularly in the areas of digitalisation and sustainability, as jurisdictions grapple with common objectives and challenges. It is in the interests of European companies and investors to have globally aligned standards while maintaining the EU’s strong and ambitious leadership role in these areas. Strengthening Europe’s primary and secondary markets The EU is at a critical juncture in its decision-making around the future of its capital markets. The next two years will see the advancement and completion of major policy debates in areas such as market structure, prudential requirements for banks, sustainable finance and digitalisation, which will have the potential for significant change. For example, as the EU competes with other global markets to attract company listings, attractive and harmonised listing rules on European public markets will be vital to support crucial access to market finance for EU companies. The EU is, therefore, undertaking a comprehensive review of company listing rules to encourage more companies to list on EU public markets, particularly small and medium-sized enterprises (SMEs). This should ensure that strong levels of legal certainty, transparency and investor protection are retained. Meanwhile, legislators are currently debating a set of major, potentially transformational proposals for Europe’s secondary markets in the ongoing review of the Markets in Financial Instruments Regulation (MiFIR), which governs how markets function. This work is critical to promoting globally competitive capital markets in the EU. An attractive, well-regulated trading ecosystem can nurture innovative, world-leading market infrastructures and promote enlarged liquidity pools within the EU. The promotion of market efficiency, competition among service providers and strong outcomes for investors and corporate and SME issuers should be at the forefront of the debate around these proposals for Europe’s market structure. In this respect, proposals for establishing a consolidated tape—similar to a price-comparison tool for investors—should be particularly supported. A well-designed tape will promote more attractive and competitive capital markets and reduce home-country bias (where an investor tends to prefer companies or investments from his or her own country) in the Union. As these debates progress, it is important to consider the wider international context—including, for instance, the United Kingdom’s parallel review of its wholesale-market architecture. As the EU reviews its own market legislation, if there is a shift towards a market structure that is ultimately less supportive of investor choice and prevents investors from accessing the most optimal trading conditions, this will not only result in additional costs for pensioners and savers, it also risks discouraging global market players from participating in EU capital markets, thus undermining their competitiveness in relation to other jurisdictions. Now is the time to complete CMU. To conclude, EU capital markets have many strengths enabling them to thrive in today’s global environment—among them, the scale of the EU single market, the euro as a leading international currency and global leadership in ESG (environmental, social and corporate governance) financing. In the recent Versailles declaration, the EU Heads of State agreed to create an environment that facilitates and attracts private investment by “creating more integrated, attractive and competitive European financial markets, enabling the financing of innovation and safeguarding financial stability, by deepening the Capital Markets Union (CMU) and completing the Banking Union.” These objectives are achievable and within reach, but the EU must find the political momentum to deliver policies that will foster a globally competitive CMU that can support sustainable long-term growth in the coming years.
Helene Benoist
Ensuring crypto-assets regulation is fit for the digital age
29 May 2022
Distributed ledger technology (DLT) has the potential to fundamentally change the financial services landscape. The underlying technology itself holds great potential for existing financial markets including, accelerating payments, improving fraud prevention and allowing banks to clear and settle trades much more efficiently. Both banks and new market entrants in the Fintech space have been developing DLT based solutions to reduce costs, transform their offerings , and respond to growing demand by customers for the tokenisation of traditional assets (e.g. real estate, fine art) as well as the inclusion of the emerging asset class of crypto-assets. Crypto-assets, such as Bitcoin, harness DLT and are seen by many to have plausible value for future generations. As the industry looks to implement the technology across their business lines, and crypto-asset markets continue to expand, global regulators are also reviewing and developing the regulations required to manage the risks arising from these new assets to financial stability, investors, and consumers. MiCA (Markets in Crypto-assets), the framework proposed by the European Commission, aims to create EU-wide minimum requirements for all crypto-assets issuers and service providers. It is currently being discussed by the European Parliament and the Council of the EU and is expected to be adopted later this summer. However, while good progress is being made towards implementing a standardised European framework that brings regulatory protection, concerns remain. The most critical is related to the requirements imposed on custodians of crypto assets, and, in particular, to what extent they are responsible if something goes wrong. ‘Crypto custody’ refers to the securing of crypto assets by a third party, which is important to protect investors from theft or hacks. Custodians are essential for secure crypto-asset adoption by both consumers and institutional investors. However, despite the enhanced protection that custody offers, things can still go wrong. For instance, there may be circumstances beyond the custodians control, such as sanctions. In this respect, the drafting of MiCA causes concern, because as currently proposed, banks providing custody services are liable for crypto-asset losses that are outside of their control, for example, in the event of regulatory or government action (e.g. banning or outlawing a particular crypto-asset). This is inconsistent with current global liability regulation for other asset classes, and would strongly disincentivise traditional finance institutions from offering crypto-asset custody solutions. If unresolved, MiCA may inadvertently cause the opposite impact of its stated intent – i.e. protecting investors from loss by driving clients to look for unregulated solutions in other jurisdictions or self-custody in the EU. These solutions ultimately put them at a greater risk of loss, and also outside of all courses for redress. As with the risks that may arise from the current drafting of the broad liability requirements, there are other pieces of the proposal that may inadvertently drive crypto-asset investors to conduct their business outside of regulated providers. For example, further consideration should also be given to risks concerning decentralised finance (known as DeFi). The European Commission proposed MiCA in September 2020, when other crypto-asset developments such as Non Fungible Tokens (NFTs) and DeFi offerings (such as Decentralised Autonomous Organisations or DAOs) were still nascent. Since then, they have evolved rapidly with billions in DAOs globally. Policy makers are considering whether these innovations also deserve a home in MiCA, but if DeFi and its associated activities are in fact regulated products (such as securities) it is critical that they are brought within the regulatory perimeter in an appropriate way to manage risks to market integrity, financial stability and end users. The EU is taking a leading role in regulating crypto-assets and the finalisation of MiCA will undoubtedly harmonise the regulatory approach across the EU, and make it an attractive and competitive market for crypto-assets . However, in order to implement an EU framework that protects investors from severe losses, regulators must be mindful of the potential unintended consequences that could arise if the framework disincentivises banks from offering crypto-asset services and forces clients to seek out new players outside of the protection MiCA should guarantee them. It is also crucial that both EU and global regulators work cooperatively to build a balanced and harmonised framework, fit for the digital age, where market participants can engage with crypto-assets from within the regulatory perimeter.
Rick Watson
Building up integrated European capital markets at heart of debate at AFME's Spanish Capital Markets Conference (SCM)
26 May 2022
AFME returned to Madrid this year for the 13th time to host its annual Spanish Capital Markets conference, in collaboration with the Spanish Banking Association, AEB. The event brought together speakers and delegates from across the capital markets with panels centred around the need to strengthen the competitiveness of European and Spanish capital markets. The unfavourable macroeconomic environment created by the Russian invasion was much discussed, demonstrating how important it is for capital markets to have enough liquidity to protect Europe against future challenges. Further, speakers discussed how the current geopolitical tensions have revealed to what extent Europe is reliant on gas, providing opportunities for economies to follow a faster path toward renewable energy. For sustainability procedures to be successfully put in place in the next decade, the European Commission estimates that around 350 billion Euros each year will be required. But, this amount of money cannot solely be raised through traditional financing, such as bank loans, but will require a unified response from European capital markets. At SCM, many speakers saw the solution as the Capital Markets Union (CMU), launched by the European Commission in 2014. The CMU has three goals – for new companies to have an easier time to access capital markets to accelerate growth and support the European economy; to improve long-term profitability of savings for an aging generation by making the market more viable for retail investors; and third, improving the diversification of financing sources through encouraging more equity-based financing of companies. The latter would lessen the reliance on bank credit in the future. One of SCM’s keynote speakers, Rodrigo Buenaventura, Chairman at the Spanish National Securities Market Commission (CNMV), expressed that Spanish stock markets, for example, need to boost the number of companies listing in Spain. Comparing the Spanish stock market to an inverted pyramid, Mr Buenaventura described the top of the pyramid with around 130 listed companies on the main regulated market, while the Growth market, also called the SME stock market, only has 50 listed companies at the bottom. The regulated market has the strictest obligations and regulations, while the Growth market has significantly lower but yet still prudent requirements and centres on developing and growing companies. While more companies are joining the growth market every year, Mr Buenaventura called for faster progress to ensure Spain remains competitive. The CNMV Chairman concluded that to aid companies to scale up, EU capital markets need to be fostered further. However, to achieve this, a delicate balance needs to be struck. Complete deregulation, which could bring unintended consequences, needs to be avoided, but lowered listing requirements, quicker access to markets and fewer information constraints for investors need to be supported. For EU capital markets to be successful, all stakeholders need to be involved. The Listing Act is an example of how this can function. The purpose of it is to make capital markets more competitive by attracting EU corporations and helping SMEs find funding. Although the Listing Act is promising step in the right direction towards a unified capital market, the general consensus at SCM was that more needs to be done.
Oliver Moullin
Banks, regulators and policy makers discuss the future of Sustainable Finance at AFME conference
20 May 2022
At AFME’s European Sustainable Finance Conference in Amsterdam last week, speakers and delegates from across the banking industry, capital markets and policy sector came together to discuss the future of sustainable finance. A key theme across many discussions was the importance of the work to enhance the availability of sustainability data – in terms of quantity, quality, but also consistency. This credible and comparable information should be readily available for all market participants, shareholders and other stakeholders to increase transparency, drive capital to climate solutions, and clamp down on greenwashing. The conference came at a key time as draft sustainability reporting standards have been published for consultation by the European Financial Reporting Advisory Group (EFRAG) in the EU, the Securities and Exchange Commission (SEC) in the USA, and the International Sustainability Standards Board (ISSB) which has been tasked to develop common baseline global standards. The question that arose on several panels was whether a globally consistent approach, with a common baseline but also the possibility for jurisdictions to level up, could really be achieved. Delegates heard from Mardi McBrien from the IFRS Foundation on the progress made in establishing the ISSB, its proposed approach and coordination with other standard-setting and jurisdictional bodies. We were also pleased to hear from Patrick de Cambourg, who chaired EFRAG’s work on sustainability reporting standards. The objective of cooperation and the benefits of globally compatible standards were clearly appreciated across the board from private and public sector speakers. The discussion considered some differences in the philosophy, scope and articulation between the draft EU and international standards. It was emphasised that the EU standards were mandated under EU legislation and needed to take account of the existing EU regulatory framework which has embedded concepts such as “double materiality” and the scope extending beyond climate change to cover other environmental factors as well as the S (Social) and G (Governance) side of sustainability. While the EU is clearly going faster and further than other jurisdictions, the hope remains that there can be compatibility of standards, at least with respect to the scope covered by the international baseline standards, and that these can form a basis upon which jurisdictions may build. Beyond standards and disclosures, the conference offered the opportunity to unpack other key elements of the European and international efforts to channel investment in line with sustainability goals, assess whether the regulation is achieving its objective and identify priorities for the future. A few other highlights included hearing from MEP Paul Tang on many important aspects of the framework, from continuing work on the EU taxonomy to the integration of climate-related risks into credit ratings and bank capital requirements, as well as sustainability standards and labels as tools to help channel finance to companies, issuers and investors. We also heard from regulators as to how they are approaching climate and environmental (C&E) risks through their supervisory and regulatory frameworks. Steven Maijoor spoke about how these risks affect the financial system and how supervisors and banks must respond to these risks. He introduced the idea of fundamental changes to banks’ prudential framework to address concentration risks originating from C&E. How risks should be addressed in the regulatory capital framework was also discussed in a panel with the European Banking Authority (EBA) and the Bank of England. There were insightful discussions on evolving regulatory initiatives including hearing from ESMA and IOSCO on the how to improve the availability, integrity and transparency of ESG ratings. Both agreed on the need for intervention, but it will be important to adopt an inclusive approach to avoid excluding smaller players from the market. The European Commission and MEP Lara Wolters joined a conversation about the recently proposed Corporate Sustainability Due Diligence Directive (CSDD) which would introduce new due diligence and corporate governance requirements for companies to identify and address human rights and environmental impacts in their supply chains. The exchange of views was a window into the political negotiations that will begin in autumn, where European legislators will try to find the right balance between credible duties and pragmatic rules. Furthermore, the conference looked beyond climate change to the important area of biodiversity and nature. The Task Force on Nature-related Disclosures (TNFD) called all market participants to begin implementing voluntary reporting and start testing their beta disclosure framework. Aside from regulatory developments, there was a clear focus from market participants on how ESG bond markets are developing, how investors are approaching impact investing and the potential for the important role which green securitisation can play. The key to unlock its potential hangs on targeted adjustments to the securitisation regulation, and in effective EU Green Bond Standard criteria applicable to securitisation structures. While there has been rapid progress on all these fronts, we heard clear messages emphasising the importance of continued action, of ensuring the coherence of the regulatory framework, and of international coordination. AFME continues to engage with and on behalf of its members across the sustainable finance agenda and is committed to contributing to the efforts to establish an effective regulatory framework and supporting the development of markets in sustainable finance.
Future of wholesale financial markets conference - Summary
10 Mar 2022
On March 1, AFME and Linklaters held a conference to discuss the Future of wholesale financial markets in the UK. Discussions on the day centred around a speech from John Glen, Economic Secretary to the UK Treasury and City Minister, announcing reforms to capital markets regulation and listing rules changes in the UK. With Secretary Glen announcing that some powers will soon be devolved to the UK markets regulator, the Financial Conduct Authority (FCA), the first panel of the day featured discussions between the FCA’s Fabio Braga, Manager – Trading and Wholesale Conduct Policy and capital markets participants, explaining the intention behind the announced reforms. Braga highlighted plans for establishing a markets advisory committee to support FCA work in delivering the targeted changes. He admitted that while the FCA has been good at engaging with market participants, this is the right time to establish a permanent committee to not only provide feedback on policy proposals, but to help the FCA in the early stages of drafting policy. Braga then outlined that the FCA would perform targeted changes in relation to pre-trade and post-trade regimes for fixed income trading, to name a few. Following Braga’s comments, panellists from Citi and Barclays reiterated the need for change in Europe’s pre-trade transparency regime for fixed income markets. They highlighted that the data being provided in compliance with the MiFID regime is being left unused by market participants, with the production of the data itself involving trading risk for their firms. Matthew Coupe, Director, Global Head of Cross Asset Market Structure, Markets EMEA, Barclays, described the existing MiFID transparency regime as a “plate of spaghetti” due to its complexity. Ashlin Kohler, Director, EMEA Rates eCommerce, Citi, added that the regime could do with being simplified and the regime should be led by data, focusing the regime on instruments that participants care about. The second half of the conference discussed the technical impact of the changes set out by the UK Treasury for equities markets. On the panel, Claudia Trauffler, Head of Capital Markets, Securities and Markets, HM Treasury, provided an overview of the changes planned, emphasising that systematic internalisers will be allowed to execute at the mid-point and the calibration of pre-trade waivers will be delegated to the FCA. Market participants from the buy and sell sides expressed their support for the proposed changes and reiterated the importance of speed on the topic of implementing a consolidated tape. Wrapping up proceedings, Edwin Schooling Latter, Director of Markets and Wholesale Policy and Wholesale Supervision at the FCA, delivered a speech, highlighting FCA plans in 2022 to change elements of the UK equity market and other areas of potential change. To those unable to attend the conference, the full recording is now available online here.
Pablo Portugal
The Low-Carbon Transition – Why are compliance and voluntary carbon markets so important?
29 Oct 2021
When policymakers congregate at COP26, there will be a sense of urgency. The world is falling short in its battle against climate change. To limit temperatures from rising above 1.5 degrees in the next two decades transformational changes are needed in the global economy. One key lever in this transformation will be to achieve a rapid scaling and deepening of carbon markets. What are compliance and voluntary carbon markets? Carbon markets are based on the purchasing of credits (allowances) that enable an entity to offset its carbon output. These markets are split into two categories: compliance and voluntary markets. Compliance markets aim to establish a carbon price by laws or regulations which control the supply of permits that are then distributed by national, regional and global regimes. These permits are then traded within a controlled emissions trading scheme (ETS), which economically incentivises emitting organisations to reduce their carbon footprint. In contrast, voluntary markets are not legally mandated and consist of companies and individuals choosing to offset their emissions. This could be motivated by an organisation looking to offset longer-term climate risks facing their organisation or for ethical or other reasons. Due to the carbon credits in voluntary markets not being administered by a specific government, they are accessible to every sector globally in contrast to compliance markets. Both compliance markets and the voluntary carbon market can play significant and complementary roles in the decarbonization of the global economy. However, both categories are undersized. A report produced by the Global Financial Markets Association (GFMA) and the Boston Consulting Group (BCG) finds that close to 80% of greenhouse gas emissions are not covered by regulated carbon pricing in compliance carbon markets. This limits their effectiveness in accelerating the global green transition. Expanding ETS Scale Within ETS coverage/compliance markets there is scope to expand not only within and across sectors but also the number of countries or municipalities. By including sectors that will need to acquire sizeable credits to offset their carbon output, the ETS will gain scale and more accurate pricing that will aid in the global green transition. To accelerate the expansion of the ETS scheme, policymakers should look to include more high-intensity emission sectors. These include energy and power as well as transportation, oil and gas industries (to name a few). Furthermore, the integrity of the ETS scheme needs to be facilitated. Collecting verified emissions data and classifying carbon allowances as financial instruments, as already done in the EU, would help ensure financial and price stability. The Integrity of Voluntary markets Similarly, voluntary carbon markets have the potential to channel finance into carbon removal projects and address the residual emissions of firms, but they are held back by issues of market integrity. This includes a lack of consensus on how the market credits align with science-based decarbonisation pathways, the overall “quality” of the credits available, as well as fragmented reporting standards. For voluntary markets to fulfil their potential, standard-setting bodies need to develop a consensus on the role of voluntary carbon market credits. This includes providing guidance on the accounting and disclosure for the credits and how they relate to net-zero/carbon-neutral claims. Providing this guidance will help remove ambiguity from the market and avoid greenwashing. Regarding the “quality” of credits, standard-setting bodies should also apply consistent standards for the underlying projects. By providing transparency and clarity surrounding the quality of credits, participants can gravitate to the credits that suit their needs. Lastly, market participants should also create global registries that reduce the fragmentation of the voluntary credit market across regions. A unified registry will enable more seamless transactions and enable authorities to track global progress toward the Paris Agreement goals. This would also allow them to identify the next necessary steps to accelerate the global transition. When key stakeholders and policymakers gather at COP26, scaling carbon markets should be pursued with a sense of urgency. If the world is to prevent global temperatures from rising beyond 1.5 degrees in the next two decades, ambition in scale, interoperability and market integrity will need to be achieved in carbon markets. Like any flourishing financial market, carbon market credits need to be regulated, valued and trusted. Carbon markets are very much still in their infancy, but the world cannot afford them to remain this way for much longer. To learn moreread GFMA and Boston Consulting Group's report titled,“Unlocking the Potential of Carbon Markets to Achieve Global Net Zero”.
Michael Lever
Do European banks need much more capital?
27 Oct 2021
Today the European Commission launched its proposed Directive and Regulation – CRDVI/CRR3 which seeks to implement the final Basel III standards in Europe. Despite assertions by the authorities to the contrary, these proposals will require European banks to raise significant additional amounts of equity capital to maintain their current ratios. They come at a time when banks hold record capital levels and have demonstrated considerable resilience throughout the Covid-19 economic collapse. Not only this, but they have exhibited their ability to withstand catastrophic stress test scenarios and have started to release bad debt provisions. The proposals themselves limit the extent to which banks can make use of their internal models to calculate their capital requirements. One way they do this is by not allowing modelled capital needs to fall below 72.5% of those calculated using a simpler standardized approach. They also introduce fresh rules on market and operational risks, imposing more precise capital requirements on areas of banks’ activities that were hitherto less specifically targeted. The December 2017 Basel III agreement is supposed to be the final element of the post 2008 financial crisis repair programme. As part of this, the Basel standard setters committed to no further post crisis regulatory capital increases and also claimed that the proposals would not lead to any significant overall increase in banks’ minimum capital requirements. Unfortunately, impact studies requested by the European Commission from the European Banking Authority and the Commission’s updated study published today - which suggests single digit capital increases - are based only on minimum required capital standards. So not only do the studies assume that all proposals are fully accepted by the co-legislators, but they also completely fail to show the real capital increase. This is likely to be in double digit percentages especially for the largest European banks which will to continue to operate at capital levels well in excess of minimum standards. In monetary terms therefore it is probable that the true capital shortfall compared to market required levels is a multiple of what the Commission is suggesting. This in turn could have negative consequences for lending and broader economic activity as balance sheet growth is constrained to conserve capital. Since the last financial crisis, European banks have raised hundreds of billions of equity capital taking their average Core Equity Tier 1 ratio – the best measure of capital strength - to a record 15.9% at March this year. Recently, banks have proved their resilience throughout the Covid-19 induced economic crisis. They have also been subjected by the EBA to its harshest ever stress test based on assumed massive falls in GDP, huge increases in unemployment and catastrophic falls in asset and market prices, emerging with a strong average CET1 ratio of over 10%. So what is the purpose of additional capital requirements? While significant financing is still required to aid the recovery from Covid-19; rather than taking on additional debt, businesses need more equity or equivalent instruments which should be raised on the capital, rather than the banking markets. In this respect, progress has already been seen with capital raising of €52bn by euro area corporates so far this year. This compares to net bank lending to euro area corporates of €56bn. However, smaller and medium sized entities - unable to easily access capital markets - are likely to continue to rely on banks for their financing needs. To the extent that the new EU proposals constrain banks’ ability to satisfy this requirement, (particularly through the application of the Output Floor, introducing a less risk sensitive approach to lending), then this may harm economic recovery. Some will also point to the need for additional capital to meet the risk of increased credit losses from banks’ customers as government support is withdrawn. While a pickup in losses is anticipated, this is likely to be manageable. And having built up significant reserves against prospective losses, banks have recently been releasing some of these suggesting confidence over provisioning levels. There are of course new risks on the horizon which could hit banks’ capital. The threats from climate change are often mentioned in this context. Yet climate related risks are very largely the amplification of already well-established risk categories such as credit, interest rate, counterparty, and foreign exchange. And while such amplified risks should certainly be incorporated in banks’ overall risk assessments and capital requirements, it is unclear that they need their own separate pot of additional capital. The Basel capital standards have played a major role in improving the resilience of banks, removing their implicit funding subsidy, and reducing systemic risk. The Basel Committee was right when it said that no significant additional system wide capital requirements should result from its final standards. European banks are already very well capitalized, and while some modest adjustments to requirements might be appropriate, European co- legislators should keep this firmly in mind as they evaluate the Commission’s latest proposals.
Webinar Summary - A CMU that works for all investors: The role of the consolidated tape
13 Oct 2021
Moderator: Pedro Pinto, Director, Head of MiFID, Advocacy, AFME Speakers: Tanya Panova, Head of the Capital Markets Unit. European Commission, DG FISMA Christiane Hölz, Managing Director, DSW (Deutsche Schutzvereinigung für Wertpapierbesitz e.V.) Elisa Menardo, Director, Public Policy Europe and UK, Credit Suisse Neil Ryan, Consultant, Finbourne Technology Keshava Shastry, Managing Director and Head of Capital Markets, DWS Tanguy van de Werve, Director General, EFAMA (Tanya Panova, Keynote speech recording) On 30th September AFME, EFAMA hosted a joint webinar on the establishment of a consolidated tape for the benefit of all investors. The webinar featured a range of perspectives from the capital markets landscape, including the views of Tanya Panova, head of the Capital Markets Unit, at the European Commission DG FISMA. The webinar kicked-off with Tanguy van de Werve, EFAMA, outlining the need for Europe to remain relevant and attractive to global investment flows. In this regard, he highlighted how there has been a consolidated tape in the US for decades, and similarly UK Treasury has been consulting on a tape for the UK market. Pre-empting later conversations, he highlighted the importance of data quality to the functioning of the tape and how retail investors may benefit from the use of the tool. Tanya Panova, EC, provided a keynote on the Commission’s work on the CMU project over the past year. She outlined how much of their work has gone on behind the scenes, stating that she expects many of their proposals to come out in the coming period (the Solvency II reform was already proposed on 22 September). The intention behind the proposals will include plans to help address barriers to financing companies. She highlighted that there will be two proposals focussed on data, addressing its fragmentation, and increasing value, as well as a proposal related to the establishment of a consolidated tape. She explained that the tape would only make a difference if done properly, highlighting that one of the main reasons why the tape did not emerge since the application of MiFID II is due to poor data quality. Among the points Panova raised on data, she stated that it needs to be consolidated efficiently, but also have extensive coverage. Only if most of the venues and their data are included will it be of value to brokers and all groups of investors. She also noted that the tape is likely to coexist with any other data products. Neil Ryan, FINBOURNE, acknowledged that there are existing vendors such as his organisation who can already deliver a consolidated tape with an independent view, applying cutting-edge technology to solve the data quality challenge. Singing the praises of the benefits a consolidated tape could bring, Elisa Menardo, Credit Suisse, stated that it would help democratise access to data and access to funding. By giving greater visibility to businesses that choose to list on a particular venue, it makes them more likely to raise more funding next time they go to market. Keshava Shastry, DWS, concurred stating that the added visibility would be helpful to investment managers and end-investors and outlined a number of use cases where a real-time consolidated tape for equities would help asset managers managing their investments in a more effective way. However, Christiane Hölz, DSW (Deutsche Schutzvereinigung für Wertpapierbesitz e.V.) argued that the consolidated tape’s use case is not clear yet. She highlighted that there are urgent and serious issues facing the real economy that need to be addressed first. This included trading on dark venues, as well as data quality and access. Panova in response emphasised that taking such an approach would bring about more challenges and would not bring markets closer to the final result of establishing a tape that benefits investors. Menardo concurred stating that data quality issues can be addressed during the legislative process. As the webinar drew to a close panellists agreed that despite the challenges to establishing a consolidated tape, the transparency benefits make it a tool worth pursuing.
Rick Watson
The challenge of defining climate finance
25 Aug 2021
Defining green investments is not an exact science. A lack of clarity around what should be classed as a climate-friendly investment has long been an obstacle preventing funding from flowing to green projects. The EU has been keen to change this by introducing a classification system, known as the ‘Green Taxonomy’, as part of its wider efforts to become the first continent in the world to be carbon neutral by 2050. The Taxonomy became law last summer and provides a framework to determine whether a company’s economic activity is deemed sustainable. While this initial classification has provided a helpful starting point towards providing better definitions to boost green investment while avoiding greenwashing, there are still a number of grey areas which need further clarity to ensure sustainable finance can flourish and the EU’s Taxonomy becomes a leading standard of sustainable finance. For example, the Taxonomy currently lacks the desired flexibility in how it recognises green investments, particularly with respect to companies already taking intermediary steps on the path towards being more sustainable. Companies need a framework that recognises overall improvements in the environmental performance of their activities, as opposed to the current binary system which defines low carbon "green" economic activities and neglects other types of activities. The problem with a framework that doesn’t sufficiently recognise activities that contribute to an improvement in the company’s environmental performance is that it leads to lower capital inflows and curtails activities which are on their way to being considered green. Going forward, the Taxonomy needs to include both activities and companies that are already low carbon, but also be forward-looking and include companies that demonstrate the commitment and potential for transition. A further limitation relates to the Taxonomy’s coverage of sectors of the economy, which restricts the use of taxonomy-based labelling schemes such asthe EU Green Bond Standardand theEU Ecolabel. The EU has recognised these limitations in its recentRenewed Sustainable Finance Strategy, which is a positive step towards achieving its net-zero carbon emission objectives. Finally, more clarity is needed around how the Taxonomy should be applied – for example, at the moment it only applies to a company’s economic activities, but it should really be applied more broadly to companies as a whole. As it stands, companies can only finance specific projects linked to eligible green activities. This is generally done by issuing bonds, because the company will use the proceeds from issuing the bond on green projects and, in turn, the bond may qualify as green under the EU Green Bond Standard. But as the screening is only possible for activities, it is difficult to use the Taxonomy to identify green or transitioning companies who issue equity, for example. If it was possible to use the Taxonomy to screen companies, banks would be able to provide more general-purpose sustainability-linked funding to green companies or companies on a credible transition path. This entity-level approach would mobilise a wider range of supporting financial instruments such as such as loans, bonds, equity, derivatives and structured products. It is no easy feat to define a new and rapidly growing area of sustainable investment opportunities which span multiple sectors and regions. Such differences mean pathways to transition will be different across jurisdictions and industries. For this reason, a single global taxonomy is a near-impossible task. Therefore, what will be important is for regulators to cooperate to ensure taxonomies work together. There are signs this is already happening, particularly with theInternational Platform on Sustainable Finance, which includes members from 17 jurisdictions, representing 55% of both global greenhouse gas emissions and GDP, with the goal of developing mutually compatible taxonomies and sustainability reporting standards. At the global level, it will be vital for policymakers to agree on a minimum set of global guiding principles and definitions to underpin taxonomies across regions. This was also recommended by the Global Financial Markets Association and Boston Consulting Group in a recent report ‘Global Guiding Principles for Developing Climate Finance Taxonomies – A Key Enabler for transition Finance’. Although there will continue to be grey areas to resolve around the evolution of such taxonomies, they remain vital for determining whether investments in certain activities are aligned with climate goals. Going forward, the main challenge will be to ensure taxonomies are flexible enough to broaden the set of eligible sources of financing to unlock as much funding as possible for a greener economy. This article was originally published in Thomson Reuters Foundation09/08/2021
Emmanuel LeMarois
Striking A Balance With The Digital Operational Resilience Act (DORA) – Promoting Resilience And Innovation In The EU Financial Sector
25 Aug 2021
The pandemic has shown that the future will be digital and the pace of this evolution is accelerating. Innovation and new technology adoption promises to deliver efficiency gains to the economy, enabling businesses and clients to interact more quickly and at lower costs, all of which will support the economic recovery. With the publication of the EU Digital Finance Strategy in September 2020[1], a 5 year plan by the European Commission to transform EU financial services into a truly integrated digital single market, the EU has set an ambitious roadmap to become a major player in the digital economy. This is underpinned by several initiatives and regulatory reforms such as the DORA (Digital Operational Resilience Act)[2]. DORA will lay the foundation for a harmonised, secure and resilient EU digital financial sector. However, while the EU’s ambitions and the rapid progress of the digital transformation of financial services is positive, it is important to ensure that the quality and implementation of regulatory reform, remain a central component of the EU’s work program. Crucially, new regulatory frameworks should strike the appropriate balance between promoting security and resilience whilst fostering innovation. The importance of digital operational resilience Digital operational resilience is the ability to build, test and continuously improve the technological and operational integrity of an organisation[3]. It aims to ensure that an organisation can guarantee the continuity and quality of its services in the face of operational disruptions impacting its information and communication technologies (ICT). As identified in the DORA proposal, the existing EU regulatory framework for the management of ICT risks has been fragmented thus far. For instance, when financial entities have to report cyber incidents to regulatory authorities, they are subject to various frameworks which all have their own terminology and template (e.g., NISd, PSD2, GDPR). This fragmentation dramatically increases pressure on financial entities as, in parallel, they are in a race against time to safely recover and protect their business from a potentially major cyber-threat. DORA, aims to harmonise these requirements and ensure that all stakeholders in the financial sector have the necessary security measures to prevent or mitigate ICT risks. With the adoption of this new proposal, we see strong benefits for financial entities to have a harmonised and comprehensive framework for ICT risk management. Not only will DORA bring synergies at EU level, but it will also have the merit to contribute to the creation of a robust digital single market for financial services. Striking a balance between resilience and innovation DORA’s scope is significant and covers many aspects of how financial entities should manage ICT risks. While DORA is principally focused on requirements for the EU financial sector, the direct oversight of ICT critical third parties (ICT CTPPs) has far reaching consequences for technology companies like Cloud Service Providers (CSPs). Indeed, the oversight framework introduced in DORA will determine which third-parties are ‘critical’ for the EU financial sector and establish a number of provisions to subject ICT CTPPs to EU financial supervisors. Supervisors could impose specific requirements on how ICT CTPPs service EU financial entities and in worst case scenarios (when a risk from an ICT CTPP is deemed too great), requiring outright termination of contractual relationships with a financial entity. So far, the European Parliament and Council of the EU are progressing discussions on DORA at a rapid pace. While this gives hope for a final text in Q1 2022, the financial services industry is yet to see amendments that account for the holistic nature of such an ambitious proposal. Requirements in DORA could have significant impacts on the EU financial sector. For instance, the risk of immediate termination of contracts could make it more difficult for EU financial entities to use ICT CTPPs, which offer innovation and efficiency benefits. It may even deter some technology providers from servicing the EU due to the increased regulatory uncertainty. An opportunity for global leadership It is crucial that EU policymakers continue to appreciate that the speed of regulatory development is not the only priority, the outcome must be a long-term fit-for-purpose framework that will reduce fragmentation in the EU single market, support innovation and technology adoption, whilst promoting robust standards for managing ICT risks. Achieving this goal will support EU competitiveness in a fast growing digital market. The EU also has an opportunity to set the tone globally on how ICT risks stemming from third party technology providers should be managed and regulated. So far, despite progressive discussions, many of these providers have not fallen under the purview of a significant regulatory framework. Crucially, in an increasingly interconnected global financial system, the EU must work in close cooperation with other jurisdictions and international bodies, setting an example on achieving economic recovery without compromising financial stability risks over the long run. [1]https://ec.europa.eu/info/publications/200924-digital-finance-proposals_en [2]https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A52020PC0595 [3] Operational resilience is the ability to continue servicing critical functions despite disruption
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