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EU braced for autumn showdown on financial regulation

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Published 31 July 2009

September will be a hot month in Brussels for the financial services sector, as the EU prepares to nominate its new internal market commissioner and examine new proposed rules on hedge funds amid rivalries between the UK, France and Germany over financial regulation. EurActiv's network in France and Germany contributed to this report.

In September, the European Parliament is expected to nominate its chief rapporteurs for proposed new EU rules on hedge funds, private equity and capital requirements for financial institutions.

The newly-elected EU assembly is set to play a crucial role in reshaping the initial proposals made by the Commission on these issues.

Earlier in July, the Parliament's economic affairs committee in charge of the dossier elected a British liberal, Sharon Bowles, as its chair. The appointment was widely seen as a success for the City of London and more generally for supporters of a light touch to regulating the financial sector. 

A liberal, Wolf Klinz, is also tipped to chair an ad hoc committee to investigate the causes of the financial crisis, due to be established in the autumn.

Re-organisation at the European Commission

Meanwhile, France, which is spearheading a group of countries pushing for deeper regulation of the sector, is lobbying hard to grab the internal market portfolio in the new Commission.

Former Commissioner Michel Barnier is being backed by Paris for the position. If approved, Barnier's appointment would represent a U-turn in the Commission's approach to the sector, responsibility for which has so far rested with Charlie McCreevy, an Irishman widely seen as a champion of financial market de-regulation.

However, Barnier's appointment is far from certain, and it remains unclear whether financial services will remain part of the internal market portfolio or whether a specific department will be created at the Commission to deal with the increasingly busy financial market dossier.

No decisions are expected to be taken quickly, but the distribution of key positions in the next Commission will come to the fore in October if José Manuel Barroso is confirmed for a second term at the EU executive's helm after the Irish referendum on the Lisbon Treaty.

National rivalries

With the global financial and economic meltdown, regulating financial markets has taken on a strong political dimension, because it entails a fundamental review of Europe's approach to the economy. 

The long-standing ideological clash between the free-market model – embodied by the UK and Ireland - and the social-market economy – spearheaded by France and Germany - has reached its peak, and centres in Europe around regulating the financial services industry. 

Paris and Berlin (generally supported by Italy, Spain and most of the 'older' EU countries) have repeatedly attacked the Anglo-Saxon laissez-faire approach, which is supported by most of the EU's new Eastern countries.

Underpinning these ideological rivalries is the new balance of power that will emerge in Europe after the new regulations are passed.

France and Germany are openly challenging the rule of the City of London as Europe's main financial hub, and are keen to see Paris or Frankfurt as powerful financial centres in a new, more regulated global system.

Attacks on the hedge fund industry, which is mainly based in London, the increased importance given to the European Central Bank in financial supervision, or the emphasis on setting up clearing houses for derivatives which had thus far been freely exchanged over the counter (primarily in the City), are all seen as attempts to undermine the role of London as Europe's main financial hub.

These national rivalries – whether only suspected or taking place openly - are poisoning the legislative process and may negatively impact upon the outcome of the reform, which is seen as key for the future of Europe and its position in the emerging new world financial order.

Positions: 

French politicians have been strongest in their criticism of the 'Anglo Saxon' model and a 'light touch' approach to financial regulation. The financial storm experienced in London in recent months has weakened the City and "La Défense intends to take over", French President Nicolas Sarkozy explicitly said last June, referring to the Paris district which already hosts the headquarters of many financial firms.

Arnaud de Bresson, managing director of Paris Europlace, a lobbying group for Parisian financial markets, put it more diplomatically, preferring to talk of a European financial centre competing with its New York and Asian counterparts. In his view, London and Paris should be allies.

Meanwhile, British politicians and industry representatives put up a common front to fight the EU's proposed rules, especially those regarding alternative funds.

The draft directive on alternative funds as it is now "would drive hedge funds out of Europe," UK City Minister Paul Myners said in July. "I am confident that the directive will be significantly improved. The arguments we are putting forward are being taken into account in Brussels. We are gaining traction," he added.

George Osborne, the UK shadow chancellor, described EU legislative proposals on financial services as "ill-conceived and badly drafted". "I think the hedge fund directive, the alternative investment directive, is a case in point. I think that is immensely damaging, without actually protecting the European consumer, or the European taxpayer," he said in an interview with the Financial Times in July.

He also added that "there's a none too subtle agenda from some to try and diminish Britain's share of this European business, and I think the Treasury needs to be out there, fighting as hard as the French fight for their small farm holdings, and the Germans fight for the luxury car market, and we should be out there".

London Mayor Boris Johnson said: "My greatest worry is that this is just the start of a flood of draft directives that will start to filter out of Brussels. Speaking at a conference in London in July he said: "It's utterly crazy that we should allow the EU to launch an attack on the City's alternative investment funds. I believe this EU directive is a mistake and against the interests of Europe," he said. 

"Hedge funds won't go to Paris or Frankfurt, they'll go to New York or Shanghai. What is good for London is good for the UK and what is good for London is good for Europe," he added.

The mayor's office estimates that hedge funds contributed about £3 billion (approximately €3.5) in tax a year, and employ 35,000 people directly and indirectly in London.

Andrew Baker, CEO of AIMA (Alternative Investment Management Association), said: "Funds and managers outside the EU face being locked out of the EU market with extremely worrying consequences. Global industry centres such as the United States, Canada, Switzerland, Hong Kong, Singapore, Japan, Australia and South Africa, will all be affected by this. This is not just an internal EU matter."

German Finance Minister Peer Steinbrück (SPD) doubts whether the need to change the way of thinking is being taken seriously enough by bankers. He is convinced that managers' only interest lay in restoration following governmental rescue parachutes, with the lowest possible risk and the best possible personal backup. "These managers play the Monopoly game. But there won't be a return to the status quo."

Steinbrück argued that London was trying to mainitain its advantage over other financial centres, through its attractive taxation of managers, for example.

The Federal Association of German Banks (BdB) acknowledges the failure of EU financial regulation and calls for a new European system. Manfred Weber, a member of the BdB's board, mentioned the EU had a chance to play a leading role in effective control of financial markets. 

Next steps: 
  • Sept. 2009: Parliament expected to appoint rapporteurs for key financial services draft legislation.
  • From Oct. 2009: List of new commissioners likely to be unveiled.
  • Autumn 2009: Parliament expected to start discussions on alternative funds directive.
  • Autumn 2009: Commission expected to propose detailed legislative measures on financial supervision.
Background: 

Financial markets across the globe went into a tailspin following the US sub-prime mortgage crisis in early August 2007, forcing central banks to make massive cash injections to keep the system rolling and fend off a possible liquidity crisis.

In September 2008, the crisis stormed into Europe, forcing member states to rescue banks and help the economy to recover from the worst depression in decades.

The EU institutions reacted to the turmoil by putting forward new draft legislation aimed at regulating sectors of the financial markets which so far had flourished in a widely unregulated environment. 

The key proposals concern alternative investment funds, such as hedge funds and private equity, financial supervision, new capital requirements for banks and an overhaul of derivatives markets (see EurActiv Links Dossier).

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