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Les eurodéputés affaiblissent les mesures sur la rotation des agences de notation

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Publié 20 juin 2012

Hier (19 juin), le Parlement européen a affaibli des mesures concernant les agences de notation de crédit, cédant à la pression des banques et des entreprises qui affirmaient que ces propositions seraient irréalisables et contreproductives.

A plan for ratings agencies to be rotated or switched every three years will be weakened to apply to very specific types of credit and only every five years, according to sources.

Europe's largest companies and banks lobbied hard on the issue, warning that forcing them switch between so few global agencies could push them to use agencies carrying less credibility particularly with investors from the US or Asia.

"The debt crisis in the eurozone has shown that credit rating agencies have gained too much influence, to the point of being able to influence the political agenda," said Leonardo Domenici, an Italian centre-left lawmaker.

Every five years, rather than three

A draft EU reform of the sector, the third in as many years, would have forced companies that use ratings to rotate or switch agency every three years to boost standards and competition.

The European Parliament's economic affairs committee voted in favour of requiring rotation every five years and only for ratings of structured products (a category which includes ABSs), a far cry from the original plan.

Yet the diluted reform is still opposed by some in the industry. The Association for Financial Markets in Europe, a lobby group for the big banks, said mandatory rotation is excessive and could harm a revival of the securitisation market, which is needed to help banks fund themselves.

Final text expected within months

Meanwhile other reforms may proceed as planned. Parliament voted in favour of giving investors the power to sue agencies that breach rules, using the civil law of the investor's country of residence when the damage occurred.

Parliament agreed on forcing agencies to restrict changes on sovereign debt ratings from the 27 EU countries to two or three fixed dates each year, notified in an annual timetable.

Regulators could agree to extra changes only if they agree there are exceptional circumstances, creating a rule that agency officials say would amount to censorship.

After the vote, negotiations between lawmakers and EU states start on a final text that will come into force later this year or in 2013.

EU countries are expected to challenge some of parliament's decisions, in particular reversing the burden of proof and any ban on use of non public information.

Réactions : 

"This is a lost opportunity to deal effectively with the extremely damaging role credit rating agencies played, and are still playing, in the European sovereign debt crisis. The final version deals with nothing and solves nothing in this regard. Furthermore, the idea supported by [my political group] of creating a European rating agency was, once again, postponed," said MEP Marisa Matias (United Left/Nordic Green Alliance, Portugal), explaining that the group would be voting against the report.

Her German colleague MEP Jürgen Klute (GUE/NGL, Germany) said that following the damaging role that CRAs played during the euro crisis: "It is a defeat for Europe that political majorities are still not willing to draw the necessary conclusions. CRAs can play a constructive role if only they would do a serious, technical job instead of abusing power and boosting pro-cyclical races on the markets."

UK MEP Ashley Fox (Conservatives & Reformists) – shadow rapporteur for the planned regulations – claimed that the compromises eventually approved were “a classic missed opportunity”.

"The Commission and some MEPs have sought to overstretch the EU's reach into areas where it is not needed - and at the same failed to deliver the obvious and limited reforms which could have made a real difference," Fox said.

"I am pleased we have seen off what was effectively an attempt to ban CRAs from publicly pronouncing on the safety of sovereign debt. I said before that you don't get better weather by turning off the forecast,” he said.

"Importantly, the committee voted in favour of Green proposals to ensure ratings take a broader view of risk, for example environmental risk. MEPs also called for steps to be taken to create an independent European rating foundation,” said MEP Sven Giegold (European Free Alliance/Greens).

But he too had reservations. "While we welcome provisions to make financial markets less reliant on ratings agencies, we regret the failure to take stronger measures to address conflicts of interest in the agencies. The Greens wanted even stricter rules on crossholding of shares to prevent conflicts of interest but, regrettably, the majority of MEPs failed to support this,” Giegold said.

Prochaines étapes : 
  • Later 2012/early 2013: final text of the reform to credit rating agencies expected to be finalised
EurActiv.com with Reuters
Up in lights - credit ratings
Contexte : 

Credit rating agencies (CRA) were among the first to be regulated at European level in the aftermath of the 2008 financial crisis, reflecting the European Commission's view that they had failed to predict the crisis and even helped make it worse.

These regulations, called ‘CRA I’, were adopted in 2009 and were later strengthened in May 2011 to become ‘CRA II’. CRAs are required to avoid conflicts of interest, to ensure the quality of  their ratings and rating methodologies and to maintain a high level of transparency. CRAs also have to apply for registration in Europe.

In the midst of the sovereign debt crisis in November 2010, the Commission launched a public consultation which focused on over-reliance on external credit ratings, improving the speed and transparency of sovereign debt rating, making the markets for rating agencies more competitive and making agencies legally accountable in order to prevent conflicts of interest. The draft currently going through the Parliament is the third reform of the sector in as many years.

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