European Commission consults on MiFID review | Practical Law

European Commission consults on MiFID review | Practical Law

The European Commission has published a public consultation on the review of the Markets in Financial Instruments Directive (2004/39/EC) (MiFID). (Free access.)

European Commission consults on MiFID review

Practical Law UK Legal Update 3-504-1664 (Approx. 4 pages)

European Commission consults on MiFID review

by PLC Financial Services
Published on 08 Dec 2010European Union
The European Commission has published a public consultation on the review of the Markets in Financial Instruments Directive (2004/39/EC) (MiFID). (Free access.)

Speedread

On 8 December 2010, the European Commission published a public consultation on the review of the Markets in Financial Instruments Directive (2004/39/EC) (MiFID).
MiFID came into force in November 2007 and aims to create a single market for investment services and activities, and to ensure a high degree of investor protection. However, the financial crisis and market developments have highlighted areas where changes need to be made to MiFID.
The purpose of the consultation is to receive input from market participants, regulators and other stakeholders to inform the Commission's legislative proposals.
The consultation is divided into the following sections:
  • Developments in market structures.
  • Pre- and post-trade transparency.
  • Data consolidation.
  • Commodity derivative markets.
  • Transaction reporting.
  • Investor protection and provision of investment services.
  • Further convergence of the regulatory framework and supervisory practices.
  • Reinforcement of key supervisory powers.
Responses to the consultation can be made until 2 February 2011. The Commission will use these responses to prepare a formal legislative proposal, which is scheduled for adoption in mid-May 2011 (according to accompanying frequently asked questions (FAQs)).
On 8 December 2010, the European Commission published a public consultation on the review of the Markets in Financial Instruments Directive (2004/39/EC) (MiFID).
MiFID came into force in November 2007 and aims to create a single market for investment services and activities, and to ensure a high degree of investor protection. However, the financial crisis and market developments have highlighted areas where changes need to be made to MiFID. The objectives of the Commission's review of MiFID include:
  • Seeking to address rapid changes in market structure and technology which could affect the functioning of financial markets. The emergence of new organised trading facilities and technological innovations need to be suitably accounted for by regulation.
  • Extending MiFID to meet G20 targets of tackling less regulated and more opaque parts of the financial system. Extensions will seek to improve the organisation, transparency and oversight of these market segments, particularly in relation to over-the-counter (OTC) instruments. Any amendments to MiFID will complement the Commission's legislative proposal on OTC derivatives, central counterparties (CCPs) and trade repositories (also known as the European Market Infrastructure Regulation (EMIR)).
  • Introducing measures to improve oversight and transparency in commodity derivatives markets, particularly for hedging and price discovery purposes.
  • Improving MiFID requirements relating to investor protections.
The purpose of the consultation is to receive input from market participants, regulators and other stakeholders in order to inform the Commission's legislative proposals.
The consultation is divided into the following sections:
  • Developments in market structures. This section discusses the definition of "admitted to trading", organised trading facilities, automated trading, systematic internalisers, market surveillance and markets for small and medium sized enterprises (SMEs).
  • Pre- and post-trade transparency. Improvements to pre- and post-trade transparency in EU equity markets and new measures on pre- and post-trade transparency in non-equity markets are set out in the consultation.
  • Data consolidation. This section sets out potential improvements to market data consolidation, including raw trade data, post-trade data for investors and the introduction of a consolidated tape for the EU market (that is, an integrated trade reporting system).
  • Commodity derivative markets. The consultation examines requirements for commodity derivative exchanges, MiFID exemptions for commodity firms, the definition of derivative financial instruments and emission allowances.
  • Transaction reporting. Clarifications and extensions to the transaction reporting regime are set out in the consultation.
  • Investor protection and provision of investment services. Potential revisions relate to the scope of MiFID, conduct of business obligations and authorisation and organisational requirements.
  • Further convergence of the regulatory framework and supervisory practices. This section presents suggestions aimed at narrowing or eliminating some member state options and discretion and increasing the effectiveness of supervision and enforcement.
  • Reinforcement of key supervisory powers. This includes proposals relating to a ban on specific activities, products or practices, and stronger oversight of derivative positions.
Responses to the consultation can be made until 2 February 2011. The Commission will use these responses to prepare a formal legislative proposal, which is scheduled for adoption in mid-May 2011 (according to accompanying frequently asked questions (FAQs)).
For more information about the MiFID review and the advice the Committee of European Securities Regulators (CESR) has provided to the Commission, see Practice note, Hot topics: European Commission's MiFID review.
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