The European agenda

Here is the map of simplifications coming from the EU for the financial world

From investor to business rules, the timetable for future EU action and implementation of already approved rules

by Antonio Criscione

(Adobe Stock)

4' min read

4' min read

The EU's interventions on financial and investment issues constitute a considerable mass, with separate legislation on many topics (as can be seen from the survey made by Aipb, the association of Italian private bankers, for Plus24). The recovery from the summer break will accelerate because the Danish presidency will be able to put its own stamp on the Union's activities during this period. The wide range of measures that can be seen from the graphics (which, moreover, only affect the investment world, not other aspects of the financial world) is very fragmented. As Bocconi University's Marco Ventoruzzo explains: "There is a patchwork approach and a lack of coherence, European financial regulation often proceeds in a piecemeal fashion, without any broader work that would bring together the various elements of the discipline into a more coherent whole, but also ultimately simpler for operators. A leap forward and the ability to think on a unitary text would be desirable".

The nearest interventions

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Before the summer, Plus24 had mentioned how this autumn it expects a resumption of two very important dossiers: Ris (retail investment strategy) and Fida (financial data access) on open finance. Antonella Massari, secretary general of Aipb, explains: 'Great attention should be paid to the Savings & Investments Union (Siu), from which we hope for greater regulatory harmonisation and a more advantageous tax regime for those who invest with a long-term perspective. On the Retail Investment Strategy (RIS), we hope that the role of professional advice will be enhanced, a fundamental lever to guide investors in an informed manner. With regard to Anti-Money Laundering (AML) regulations, we consider it essential that private banking should not automatically be seen as synonymous with greater risks, in light of the traceability of transactions and the fiduciary relationship with clients'. But Fida is also seen as an intervention that can bring innovation and personalisation of services, but requires adequate safeguards for both market participants and customers to protect the quality of services and data confidentiality.

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UN AMPIO NUMERO DI ATTIVITÀ NELL’AGENDA UE

L’attività regolamentare Ue in ordine di scadenza

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The issues for the investment world

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From the point of view of organic texts, Roberta D'Apice, Legal and Regulatory Affairs Director of Assogestioni, points out the importance of a single European Asset Management regulation. Despite the harmonisation achieved at the regulatory level, there are still divergences in national interpretations, supervisory practices and operational requirements, which undermine the fundamental objectives of a single European capital market: "It would be advisable to initiate a process of organic reorganisation and codification of European asset management regulations based on principles of simplification and stability of rules, without reopening the political agreements already reached and without generating new burdens for operators".

Another point that arises is that of greater uniformity of supervisory practices by national authorities. There has been much talk in recent months of a 'super Esma' that would somehow become a single European authority. According to Assogestioni: "In the world of asset management, the strong centralisation of supervisory functions in a single European authority risks introducing additional complexity, with negative impacts on the operational efficiency of operators and the flexibility of supervisory action. This is why Assogestioni believes it is more efficient to strengthen coordination and regulatory convergence between national authorities; to improve the sharing and interoperability of data between competent authorities; to define a common European framework for the supervision of managers' non-EU activities; and to strengthen enforcement mechanisms".

Since Ris, one of the European Commission's stated aims is to remove unjustified barriers to retail investors' access to asset management products.

According to Assogestioni, the principle of proportionality in the adequacy assessment of non-complex products such as Oicvm needs to be "enhanced in a more incisive manner in order to facilitate the access of retail savers - especially younger ones - to equity markets. In this perspective, the long-term time horizon should be formally recognised as a determining criterion of adequacy for retail customers, even in the presence of limited financial knowledge, thus reinforcing the inclusiveness of distribution and consistency with the objectives of the Siu'.

Measures for enterprises

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The set of measures expected from the point of view of business is no less substantial than those concerning investments.

The dossier on prospectus liability, although very important for issuing companies and corporate transactions, still seems to be on the high seas. And significant 'grounding' is also expected on the Listing Act. In particular, news is expected on the Market Abuse Regulation (MAR). Here there is an "apparently uniform" discipline in Europe, but very different application practices and sanctioning approaches persist, which is "symptomatic" of the fragmentation also noted in the other article on the page. Uniformity in this area is also crucial because, if there are divergences in a matter regulated by a regulation (not a directive), the situation is even more complex in non-harmonised areas. "A specific aspect of Mar," explains Assonime's Marcello Bianchi, "concerns when to provide information to the market on 'prolonged phenomena' (such as an acquisition) versus 'dry' news (such as the discovery of a deposit). Market abuse as a general discipline has allowed for greater reasonableness in the choice of when information should be given to the market. However, this principle must be detailed by a delegated act of the European Commission, on which there has already been a consultation'. The most pressing issues are related to the timing of both the identification of final events in protracted processes, and the regulation of delay (i.e. when for confidentiality reasons information can be given beyond the normal time limits).

In addition, there is the Omnibus package on sustainability reporting, which is a much-awaited intervention. Although an initial part of the package has already been approved (the one stopping the entry into force for next year), the complete package is now expected to redefine the contents of the reporting obligations and the scope of application. One of the key proposals of the European Commission is to reduce very substantially the number of companies that will have to report. "Also linked to the omnibus package is the revision of the Efrag standards," Bianchi continues, "for which a consultation has already been launched. However, the new standards can only be adopted when the omnibus package is approved at the directive level and if appropriate simplification measures are in place. This is particularly important for companies that are already reporting and for which the revision of the standards is crucial'.

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