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The European Commission is currently negotiating a revision of the 1994 Energy Charter Treaty (ECT). This revision would, inter alia, reform the ECT's investor–state dispute resolution mechanisms and explicitly allow countries to take regulatory actions affecting existing investments, for reasons such as environmental protection or climate action. The overarching objective is to ensure that the ECT is modernised in a way that would avoid the EU and its Member States deciding to withdraw from the ...

The European Parliament is due to vote on a trilogue agreement on the proposal for a pilot regime for market infrastructure, which will establish a scheme to trade and settle transactions of financial instruments in crypto-asset form. The regime follows the ‘sandbox’ approach that allows for temporary derogations from some specific requirements. This way, the development of solutions for the trading and settlement of transactions in crypto-assets should be encouraged, while preserving a high level ...

European long-term investment funds (ELTIFs) invest on a long-term basis in infrastructure projects, real estate and SMEs, among others. While the legislative framework – the ELTIF Regulation – for these funds was adopted six years ago, their market remains small. For this reason, the Commission has proposed amending the ELTIF Regulation to make it more appealing to investors. The key mulled changes involve differentiating between ELTIFs marketed to professional investors and those to which retail ...

This study provides an overview of the EFSD+, a core part of the NDICI-Global Europe Instrument. The study situates the EFSD+ in the context of previous EU experiences with the use of blended finance and guarantees to address external action objectives, focusing on the EIB’s External Lending Mandate (ELM) and the European Fund for Sustainable Development (EFSD). The study examines key challenges related to the accountability and performance of these instruments to inform oversight of EFSD+ implementation ...

The markets in crypto assets (MiCA) proposal intends to adapt to the latest technological trends in the FinTech sector. The briefing analyses the strengths and weaknesses of the impact assessment (IA) accompanying the MiCA and DLT proposals. The IA is quite technical and difficult to read for a non-expert. The policy options were compared against the criteria of effectiveness, efficiency and coherence, but not against proportionality, which is required by the better regulation guidelines. The preferred ...

The paper discusses the policy implications of the Wirecard scandal. The study finds that all lines of defense against corporate fraud, including internal control systems, external audits, the oversight bodies for financial reporting and auditing and the market supervisor, contributed to the scandal and are in need of reform. To ensure market integrity and investor protection in the future, the authors make eight suggestions for the market and institutional oversight architecture in Germany and in ...

While multiple causes underpin accounting scandals such as Wirecard, they often point at deficiencies in the audit profession and its oversight. Currently, the system of national public audit oversight boards (POBSAs) is fragmented and overly complex, characterized by limited responsiveness to red flags, and apparent lack of communication among the POBSAs, and with other supervisors. This suggests supervisory coordination and clear action triggers are imperative. Importantly, pervasively low transparency ...

Beginning with a discussion of the Wirecard case, this study highlights several lessons for the regulation and supervision of Fintech companies. Innovation in the financial industry brings both efficiency gains and new risks. To balance these two elements, regulators need a deep understanding of Fintech’s technologies and business models. Because Fintechs can be very complex companies, there is a need for an approach combining the oversight of both entities and activities. The global scope of Fintech ...

Regulating crowdfunding

De un vistazo 02-10-2020

As a step towards Capital Markets Union, the European Commission presented a proposal for a regulation on crowdfunding service providers in March 2018, to facilitate the cross-border offer of such financial services across the EU. It was accompanied by a proposal for a directive, to exempt those providers from the scope of the Markets in Financial Instruments Directive (MiFID II). The co-legislators reached a political agreement in December 2019, significantly modifying the Commission proposals. ...

Las medidas adoptadas para crear una unión de los mercados de capitales (UMC) deben tener como objetivo mejorar la gama de opciones de financiación ofrecidas a las empresas y a los ciudadanos. La Comisión de Asuntos Económicos y Monetarios del Parlamento Europeo ha aprobado un informe de propia iniciativa sobre el desarrollo de la UMC cuya votación está prevista para el período parcial de sesiones de octubre I. Pide medidas específicas para ayudar a la financiación de las empresas, promover la inversión ...