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Regulation of OTC derivatives: Amending the European Market Infrastructure Regulation (EMIR)

28-06-2019

The European Market Infrastructure Regulation (EMIR – Regulation (EU) No 648/2012), adopted in 2012, forms part of the European regulatory response to the financial crisis, and specifically addresses the problems observed in the functioning of the 'over-the-counter' (OTC) derivatives market in the 2007-2008 period. In May 2017, after carrying out an extensive assessment of EMIR, the Commission proposed a regulation amending and simplifying it in the context of its Regulatory Fitness and Performance ...

The European Market Infrastructure Regulation (EMIR – Regulation (EU) No 648/2012), adopted in 2012, forms part of the European regulatory response to the financial crisis, and specifically addresses the problems observed in the functioning of the 'over-the-counter' (OTC) derivatives market in the 2007-2008 period. In May 2017, after carrying out an extensive assessment of EMIR, the Commission proposed a regulation amending and simplifying it in the context of its Regulatory Fitness and Performance (REFIT) programme, to address disproportionate compliance costs, transparency issues and insufficient access to clearing for certain counterparties. A provisional agreement was reached in trilogue on 5 February 2019. Parliament voted to approve that agreement on 18 April 2019 in plenary session and the Council subsequently adopted it on 14 May. The new regulation comes into force on 17 June 2019. Third edition. The ‘EU Legislation in Progress’ briefings are updated at key stages throughout the legislative procedure.

Central counterparty recovery and resolution

20-03-2019

The important role played by central counterparties in financial markets, and their systemic relevance, has grown following the financial crisis. This, however, has drawn regulators’ attention to the absence of harmonised rules for situations where such counterparties themselves might be sources of systemic risk, due to operational difficulties or outright failure. To address this, the Commission proposed a regulation on which Parliament is due to vote during the March II plenary session, in order ...

The important role played by central counterparties in financial markets, and their systemic relevance, has grown following the financial crisis. This, however, has drawn regulators’ attention to the absence of harmonised rules for situations where such counterparties themselves might be sources of systemic risk, due to operational difficulties or outright failure. To address this, the Commission proposed a regulation on which Parliament is due to vote during the March II plenary session, in order to conclude its first reading before the end of the term.

European Market Infrastructure Regulation-Regulatory Fitness and Performance (REFIT) proposal

15-12-2017

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying its above-mentioned proposal amending the European Market Infrastructure Regulation (EMIR), submitted on 4 May 2017 and referred to Parliament's Committee on Economic and Monetary Affairs. The IA accompanying a subsequent Commission proposal (COM(2017) 331), also amending the EMIR regulation, as regards the authorisation of central counterparties and the ...

This note seeks to provide an initial analysis of the strengths and weaknesses of the European Commission's impact assessment (IA) accompanying its above-mentioned proposal amending the European Market Infrastructure Regulation (EMIR), submitted on 4 May 2017 and referred to Parliament's Committee on Economic and Monetary Affairs. The IA accompanying a subsequent Commission proposal (COM(2017) 331), also amending the EMIR regulation, as regards the authorisation of central counterparties and the recognition of third-country central counterparties, will be analysed in a forthcoming initial appraisal. This proposal is part of the Commission's REFIT programme, which stands for Regulatory Fitness and Performance. One of the stated aims of this programme is to make EU law 'simpler, lighter, more efficient and less costly' (Better Regulation Guidelines of 2015, p. 91). EMIR, adopted in 2012, forms part of the European regulatory response to the financial crisis. It specifically addresses the problems observed in the functioning of the over-the-counter (OTC) derivatives market from the 2007-2008 financial crisis onwards.

Financial Instruments and Legal Frameworks of Derivatives Markets in EU Agriculture: Current State of Play and Future Perspectives

15-07-2014

For the first time, new EU laws regulate the agricultural commodity derivatives markets and their participants. By 1st July 2014, some important technical standards and other instruments that determine the effectiveness and the enforcement of these laws still needed to be decided. This study finds that the price discovery and hedging functions of European agricultural commodity derivatives markets and their related infrastructure in the physical agricultural markets need improvements from the perspective ...

For the first time, new EU laws regulate the agricultural commodity derivatives markets and their participants. By 1st July 2014, some important technical standards and other instruments that determine the effectiveness and the enforcement of these laws still needed to be decided. This study finds that the price discovery and hedging functions of European agricultural commodity derivatives markets and their related infrastructure in the physical agricultural markets need improvements from the perspective of European farmers and the agricultural sector.

Údar seachtarach

Myriam VANDER STICHELE (SOMO, the Netherlands)

Assessment of the Cumulative Impact of Various Regulatory Initiatives on the European Banking Sector

15-07-2011

In this study we assess the most important current regulatory initiatives for the banking sector to the extent possible and on the basis of existing literature. An extensive overview of relevant considerations regarding each measure is followed by a holistic impact assessment. While a direct impact on the real economy through a change in credit supply by banks is assessed to be small, it is difficult to judge the measures’ overall indirect influence on increasing stability. For this purpose six distinct ...

In this study we assess the most important current regulatory initiatives for the banking sector to the extent possible and on the basis of existing literature. An extensive overview of relevant considerations regarding each measure is followed by a holistic impact assessment. While a direct impact on the real economy through a change in credit supply by banks is assessed to be small, it is difficult to judge the measures’ overall indirect influence on increasing stability. For this purpose six distinct stability objectives are put forward and the measures’ expected impact on each is assessed in detail. These objectives are: (1) reduction of procyclicality, (2) reduction of misguided incentives, (3) creation of a level playing field, (4) internalisation of social costs, (5) increasing transparency and (6) increasing consumer/investor confidence. According to the survey conducted for this study among German financial market experts, the current state of effective regulation is deemed to be exceptionally insufficient with regard to the first three stability objectives. This study implies that for those objectives the impact of the entirety of regulatory efforts is likely to be most salient, but also most ambiguous. The assessment indicates where the design of effective regulation may be particularly challenging and points out possible detrimental effects on financial stability.

Údar seachtarach

Michael SCHRÖDER (Centre for European Economic Research, ZEW GmbH), Jesper RIEDLER (Centre for European Economic Research, ZEW GmbH), Lena JAROSZEK (Centre for European Economic Research, ZEW GmbH) and Gunnar LANG (Centre for European Economic Research, ZEW GmbH)

Imeachtaí atá ar na bacáin

20-01-2021
EPRS online policy roundtable with the World Bank: Where next for the global economy
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EPRS
25-01-2021
Public Hearing on "Gender aspects of precarious work"
Éisteacht -
FEMM
26-01-2021
Public hearing on Co-management of EU fisheries at local level
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PECH

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