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EU short-selling talks collapse amid sovereign debt fears

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Published 22 September 2011

Negotiations to regulate short-selling in Europe collapsed for the second time this week over fears that legislation would further destabilise the sovereign debt markets in the eurozone.

"Negotiations ended with no progress and further division among the parties," said a source from the European Parliament, describing the last round of talks which took place on Tuesday (20 September) between representatives of all three EU institutions.

The so-called 'trialogue' negotiations are being held between the European Parliament and EU member state representatives under the Commission's watch.

"Positions are so distant that the next meeting, which was supposed to take place next week in Strasbourg, has been cancelled," the source added.

The bone of contention is trade in so-called naked sovereign credit default swaps (CDS), which are used as a kind of insurance policy against a potential default of government bonds. Naked or uncovered CDSs are insurances on assets that are not owned by the seller.

In simple terms, a naked CDS contract is typically a bet taken by investment firms like hedge funds that the bond's issuer will end up in trouble. Sovereign CDS are applied to government bonds.

With the ongoing turmoil in eurozone bond markets and huge spreads between yields of German bonds and securities of countries like Greece, Ireland Portugal, Italy, Spain and Belgium, the Parliament is keen to ban naked sovereign CDSs.

MEPs see a risk of moral hazard in the sale of insurance products of bonds that are not owned. "You are unlikely to call the fireman if you see fire in the house for which you have an insurance but that you do not own," goes the Parliament's argument.

The case for maintaining naked CDSs

This anti-CDS position is backed by a handful of member states, including Germany which has already banned naked short selling.

However, a majority of member states in the EU Council of Ministers favour a softer approach, including Italy whose huge public debt has recently come under attack from speculators.

"Banning naked credit default swaps would have a negative impact on pricing government bonds and can eventually drive up the price of refinancing national debts," an Italian diplomat told EurActiv.

This line is followed by the UK, the Netherlands and Poland which are the most vehement opponents of a ban on naked sovereign CDSs.

Second reading in Parliament?

Negotiations to find a compromise collapsed earlier this year, after a first reading in the European Parliament.

"As things stand now, it is likely that there will be a second reading" in the European assembly, said a Parliament official following the dossier, meaning that the final approval of the regulation on short selling will be further delayed.

"But new attempts will be made in the coming weeks to avoid this option," the official added.

A participant to the trialogue talks told EurActiv that a dividing line might emerge among MEPs who have so far been united against the soft regulation approach adopted by member states.

The centre-right European People's Party, the biggest political group in Parliament, is considering taking the controversial naked sovereign CDS dossier out of a broader package of financial regulations, allowing other legislative texts to be adopted while talks continue.

However, Socialists and Greens oppose this line.

Positions: 

Syed Kamall, a British Conservative MEP summarised the UK's position against banning CDS on sovereign debt: "A ban would make it much more expensive for governments to raise money by issuing bonds. This means higher taxes and a bigger squeeze on public services in the UK," he said.

French MEP Pascal Canfin, a lead rapporteur from the Greens/EFA political group in the European Parliament, disagreed, saying: "The Council approach on sovereign debt is paradoxical. Whereas the initial proposal aimed to reduce speculation on sovereign debt in the time of a crisis, the text adopted by the Ecofin suggests relaxing these provisions in case of crises. This will facilitate speculation on sovereign debt of countries facing fiscal difficulties."

Next steps: 
  • Oct.-Nov. 2011: Possible next round of negotiations on short-selling regulation.

COMMENTS

  • I believe that in this discussion there is assymetry in knowledge about the product.
    As a former in-house banking lawyer specialised in financial markets, I hope to be able to contribute in this discussion in order to find an acceptable compromise for the benefit of the EU citizens and the Euro.
    Those interested can contact me.
    Kind regards
    Bernhard
    Bernhard.ardaen@skynet.be

    By :
    Bernhard Ardaen
    - Posted on :
    26/09/2011
Background: 

The European Commission proposed a regulation on short-selling last September in the wake of the biggest turmoil in financial markets since the Second World War.

Short-selling happens when assets are borrowed, sold and then bought back in order to pocket the difference between the original and end prices.

The Commission has also suggested restrictive measures on so-called 'naked' short-selling which involves selling assets that have not even been borrowed in the first place.

European Parliament and member states have since then clashed over specific measures to be applied to naked short selling of government bond derivatives, notably credit default swaps (CDS). Some EU politicians accuse speculators of using these sophisticated financial instruments to bet on a Greek debt default.

On 19 May 2010, Germany became the first European country to ban naked short-selling in shares of the country's 10 most important financial institutions.

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