Proposal for a Directive on the prudential supervision of investment firms and amending Directives 2013/36/EU and 2014/65/EU

Author (Corporate)
Series Details COM (2017) 791
Publication Date 20/12/2017
Content Type

Summary:

Proposal adopted by the European Commission on 20 December 2017 sets out requirements for the appointment of prudential supervisory authorities, the initial capital of investment firms, the supervisory powers and tools for the prudential supervision of investment firms by the competent authorities, and the publication requirements for competent authorities in the field of prudential regulation and supervision.

The proposed Regulation was adopted together with a related proposed Regulation on the prudential requirements of investment firms.

Further information:

Investment firms provide a range of services that give investors access to securities and derivatives markets. They form a vital cog in any well-functioning Capital Markets Union (CMU) as they play an important role in facilitating savings and investment flows across the European Union. The Commission announced in its Mid-Term Review of the Capital Markets Union Action Plan it intended to propose a more effective prudential and supervisory framework for investment firms, calibrated to the size and nature of those companies. The need to update the regulatory framework in the EU when it comes to investment firms became even more pressing following the decision of the United Kingdom to leave the European Union. Under these proposals, the vast majority of investment firms in the EU would no longer be subject to rules that were originally designed for banks.

The European Parliament approved its negotiating position on this proposal on 24 September 2018. On behalf of the Council of the European Union, member state ambassadors backed a general approach on 7 January 2019. An informal agreement between the co-legislators on a compromise text was reached on 26 February. The Parliament formally endorsed it on 16 April, followed by the Council on 8 November.

Source Link https://eur-lex.europa.eu/legal-content/EN/HIS/?uri=COM:2017:791:FIN
Related Links
Commentary and Analysis
PWC: Hot Topic, October 2017: EU investment firms prudential regime takes shape https://www.pwc.co.uk/industries/financial-services/insights/eu-investment-firms-prudential-regime-takes-shape.html
CEPS: ECMI Commentaries, 02/05/2018: A Proportional Prudential Regime for Investment Firms https://www.ceps.eu/publications/proportional-prudential-regime-investment-firms
EPRS: Briefing, November 2018: Prudential requirements and supervision of investment firms http://www.europarl.europa.eu/thinktank/en/document.html?reference=EPRS_BRI(2018)630300

News
Reuters, 07/01/2019: EU moves closer to tightening rules on London-based investment firms https://uk.reuters.com/article/idUKKCN1P11EI

Official
EUR-Lex: SWD(2017)481: Review of the prudential framework for investment firms http://eur-lex.europa.eu/legal-content/EN/ALL/?uri=SWD:2017:481:FIN
European Parliament: Legislative Observatory: Procedure File on Prudential requirements of investment firms http://www.europarl.europa.eu/oeil-mobile/fiche-procedure/2017/0359(COD)
EP: Legislative Train: A revised prudential framework for investment firms http://www.europarl.europa.eu/legislative-train/theme-deeper-and-fairer-internal-market-with-a-strengthened-industrial-base-financial-services/file-prudential-supervision-for-investment-firms
European Commission: Press Release, 20/12/2017: Capital Markets Union: more proportionate and risk-sensitive rules for stronger investment firms http://europa.eu/rapid/press-release_IP-17-5304_en.htm
European Commission: Fact Sheet, 20/12/2017: Frequently asked questions: Revised Framework for Investment Firms http://europa.eu/rapid/press-release_MEMO-17-5305_en.htm
Council of the European Union: Press Release, 08/01/2019: Investment firms: Council agrees position on new regulatory and supervision framework https://www.consilium.europa.eu/en/press/press-releases/2019/01/07/investment-firms-council-agrees-position-on-new-regulatory-and-supervision-framework/
Council of the European Union: Press Release, 08/11/2019: Capital Markets Union: Council adopts legislative reforms https://www.consilium.europa.eu/en/press/press-releases/2019/11/08/capital-markets-union-council-adopts-legislative-reforms/

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