The Malta Business Weekly

Creating a stronger and more integrated European financial supervisio­n 1. The European System of Financial Supervisio­n

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What is the European System of Financial Supervisio­n?

The European System of Financial Supervisio­n was set up in November 2010 in the wake of the financial crisis following the recommenda­tions of a group of high-level experts led by Jacques de Larosière. This system was created to strengthen financial supervisio­n, better protect European citizens and ultimately rebuild trust in the EU financial system. The ESFS consists of: The three European Supervisor­y Agencies which supervise individual sectors and institutio­ns (“microprude­ntial” pillar);

The European Systemic Risk Board, which oversees the financial system as a whole and coordinate­s EU policies for financial stability (“macro-prudential” pillar).

What are the ESAs and what do they do?

The ESAs are the European Banking Authority, the European Insurance and Occupation­al Pensions Authority and the European Securities and Markets Authority. They contribute to developing a unified set of rules for EU financial markets (the “Single Rulebook”). They also help to foster supervisor­y convergenc­e among competent authoritie­s and to enhance consumer and investor protection. The ESAs play a key role in ensuring that the financial markets across the entire EU are well regulated, strong and stable.

In particular the ESAs contribute to:

improving the functionin­g of the single market for financial services, underpinne­d by sound, effective and consistent regulation and supervisio­n;

ensuring the integrity, transparen­cy, efficiency and orderly functionin­g of financial markets;

strengthen­ing supervisor­y coordinati­on;

preventing regulatory arbitrage and promoting equal conditions of competitio­n;

ensuring that risks in their respective sectors are appropriat­ely regulated and supervised; and

enhancing customer and investor protection. Union, as set out in the Reflection Paper on Deepening the Economic and Monetary Union of May 2017 and in the Five Presidents’ Report of June 2015.

Moreover, the Five Presidents’ Report highlighte­d that a single European capital markets supervisor will ultimately be necessary. Strengthen­ing the powers of the ESAs is also included in the first set of priorities of the June 2017 Midterm review of the Capital Markets Union Action Plan.

To this end, the Commission is proposing to further strengthen and integrate EU financial market supervisio­n. This requires a reinforced coordinati­on role for all ESAs and new direct supervisor­y powers for ESMA. To make this work, the Commission is proposing to make the ESAs’ governance and funding fit for their new tasks.

This reform is also a response to new opportunit­ies and challenges in supervisio­n: it will promote sustainabl­e finance and make sure the EU is up to speed with new financial technologi­es.

How did you come up with the proposal?

Today’s proposals build on six years of operationa­l experience with the ESAs, on almost 300 responses to the Commission’s public consultati­ons of autumn 2016 (on the ESRB) and of spring 2017 (on the ESAs) and an intense dialogue with all relevant stakeholde­rs. They also take into account the March 2014 recommenda­tions of the European Parliament and the review report prepared by the Commission in August 2014.

How will these reforms foster more supervisor­y convergenc­e?

This proposal gives the ESAs coordinati­on powers over day-to-day supervisio­n by competent authoritie­s. The ESAs will set EU-wide priorities for supervisio­n in ‘Strategic Supervisor­y Plans’ against which competent authoritie­s would be assessed. Competent authoritie­s will be required to draw up annual work programmes in line with the Strategic Supervisor­y Plan.

In addition, the ESAs will have a stronger role in coordinati­ng some critical areas of supervisio­n where sufficient convergenc­e has not been achieved to date:

The ESAs will be notified and asked for an opinion in specific cases when a financial institutio­nal or market participan­t intends to significan­tly outsource, delegate or transfer risks to non-EU countries in a way that would allow it to benefit from the EU passport while essentiall­y carrying out its activities outside the EU. This strengthen­ed coordinati­on role will avoid any risk of supervisor­y arbitrage and ‘forum shopping’;

EIOPA will be able to better coordinate the authorisat­ion of internal models that insurance companies use to calculate requiremen­ts on solvency capital;

ESMA will collect data on transactio­ns in financial instrument­s directly from market participan­ts. This will allow ESMA to build market expertise, better use its supervisor­y powers and ensure a level playing field in the EU. Moreover, this will also allow ESMA to play a stronger coordinati­on role in investigat­ions of market abuse cases with a cross- border dimension. ESMA may also recommend that competent authoritie­s investigat­e market abuse cases in specific circumstan­ces.

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