European Swaps Regulation

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The major institutions in charge of designing and implementing swaps regulation in Europe are the Financial Services Authority (FSA), International Organization of Securities Commissions (IOSCO), Futures and Options Association (FOA), the European Commission, and the European Securities and Markets Authority (ESMA).

Contents

Background on European Swaps Regulation

The financial crisis in 2008 exposed important shortcomings in financial supervision around the world. Because of this, the European Union began to examine their current financial regulatory systems, and decided that their current system of nationally-based supervisory models were insufficient in providing proper oversight. As of Jan. 1, 2011, the European Securities and Markets Authority was established in order to provide cooperation, coordination, and consistent application of regulatory oversight among European countries.[1] It replaced the Committee of European Securities Regulators (CESR), which did not have the power to create broad regulations that covered all of the European Union member states. Financial regulation before ESMA was done on a national basis.

In March of 2010, some European leaders began pushing for a total ban on credit default swaps (financial instruments intended to provide risk insurance to banks and bondholders in case a particular bond or security goes into default). Credit default swaps (CDS) are accused of helping to aggravate the financial crisis in 2008, and have also been blamed for helping to cause Greece's sovereign debt crisis in 2010. European officials have said that they would move ahead with the ban with or without similar US action.[2]

On June 29, 2011, German Chancellor Angela Merkel warned of another financial crisis and highlighted the need for transparency on credit default swaps (CDS) in Europe.[3]

Key Historical Events in European Swaps Regulation


U.K. Swaps Regulation

Swaps regulation in the U.K. comes from the Financial Services Authority (FSA). The FSA is an independent non-governmental body, given statutory powers by the Financial Services and Markets Act of 2000.

The UK's financial regulatory structure is often based on the European Union's legislation; around 70% of the FSA's financial policy is driven by EU initiatives.[36]


References

  1. Regulation establishing ESMA. ESMA. Retrieved on January 5, 2011.
  2. Swaps Come Under Fire. ESMA. Retrieved on January 10, 2011.
  3. Berlin, bank chief clash on Greece, regulation. Reuters. Retrieved on June 29, 2011.
  4. Supervisory Information Framework for Derivatives and Trading Activities. IOSCO. Retrieved on January 6, 2011.
  5. IOSCO Strengthens International Cooperation to Fight Illegal Securities and Derivatives Activities. IOSCO. Retrieved on January 6, 2011.
  6. Commission calls on EU leaders to stay united against the crisis, move fast on financial market reform and show global leadership at G20. Europa. Retrieved on January 6, 2011.
  7. IOSCO publishes interim recommendations on unregulated financial markets and products. IOSCO. Retrieved on January 6, 2011.
  8. Financial services: Commission outlines ways to strengthen the safety of derivatives markets. Europa. Retrieved on January 6, 2011.
  9. CPSS-IOSCO working group on the review of the recommendations for central counterparties. IOSCO. Retrieved on January 6, 2011.
  10. Major step towards financial stability: European market for credit default swaps becomes safer. Europa. Retrieved on January 6, 2011.
  11. IOSCO issues final regulatory recommendations on securitization and CDS market. IOSCO. Retrieved on January 6, 2011.
  12. Financial services: Commission sets out future actions to strengthen the safety of derivatives markets. Europa. Retrieved on January 6, 2011.
  13. Michel BARNIER European Parliament Hearing Report. New Europe. Retrieved on January 5, 2011.
  14. EACH Publishes CCP Risk Management Recommendations. A-Team Group. Retrieved on January 5, 2011.
  15. Consultation on guidance to report transactions on OTC derivative instruments. CESR. Retrieved on January 5, 2011.
  16. Draft report on OTC derivatives market reforms. Commodities Now. Retrieved on January 5, 2011.
  17. Regulating the derivatives markets. European Parliament. Retrieved on January 5, 2011.
  18. CFTC Chairman Gensler to Meet With Regulators to Discuss Critical Issues Related to Financial Regulatory Reform during Visits to Brussels and London. CFTC. Retrieved on January 5, 2011.
  19. CESR begins the process to overhaul MiFID by consulting on policy options. CESR. Retrieved on January 5, 2011.
  20. OTT over OTC?. eureporter. Retrieved on January 5, 2011.
  21. MEPs vote to beef up financial supervisory package. European Parliament. Retrieved on January 5, 2011.
  22. IOSCO and CPSS consult on policy guidance for central counterparties and trade repositories in the OTC derivatives market. IOSCO. Retrieved on January 6, 2011.
  23. Consultation on Derivatives and Market Infrastructures - FAQ. Europa. Retrieved on January 5, 2011.
  24. Daylight and rules for the derivatives market. Alibaba.com. Retrieved on January 5, 2011.
  25. Derivatives: European Parliament calls for EU regulation. Werner Langen MEP. EPP Group. Retrieved on January 5, 2011.
  26. MEPs back root-and-branch reform of financial supervision. European Parliament. Retrieved on January 5, 2011.
  27. CESR Announces Next Steps On European Access To Financial Information Disclosed By Listed Companies. mondovisione. Retrieved on January 5, 2011.
  28. Making derivatives markets in Europe safer and more transparent. Europa. Retrieved on January 5, 2011.
  29. Parliament gives green light to new financial supervision architecture. European Parliament. Retrieved on January 5, 2011.
  30. IOSCO forms Task Force on OTC Derivatives Regulation. IOSCO. Retrieved on January 6, 2011.
  31. SEC and CESR Members announce efforts to continue close cooperation as national securities regulators implement new regulatory reform initiatives. CESR. Retrieved on January 6, 2011.
  32. Financial services: improving European rules for a more robust framework for all financial actors and instruments. Europa. Retrieved on January 6, 2011.
  33. ESMA publishes Frequently asked questions - a guide to understanding ESMA. ESMA. Retrieved on January 6, 2011.
  34. EC launches post-trade consultation. Financial News. Retrieved on January 18, 2011.
  35. ECB flexes muscles in Brussels clearing reform. Financial Times.com. Retrieved on January 18, 2011.
  36. About FSA = International and EU. FSA. Retrieved on January 18, 2011.
  37. SEC and UK FSA Hold Fifth Meeting of the SEC-FSA Strategic Dialogue. FSA. Retrieved on January 5, 2011.
  38. FSA implements new powers granted by Financial Services Act 2010. FSA. Retrieved on January 5, 2011.
  39. FSA and FINRA sign cooperation agreement. FSA. Retrieved on January 5, 2011.
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