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Annual Report - paperJam

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The MiFID and the PRIPs<br />

The EU Commission launched a consultation<br />

on the MiFID (Markets in Financial Instruments<br />

Directive) in December 2010. It was composed<br />

of nearly 150 questions on fields ranging from<br />

market organisation to telephone recordings,<br />

from the definition of advise or the impact of<br />

High Frequency Traders on the markets to a full<br />

revision of transparency rules on equities, bonds<br />

and derivatives markets. The outcome is expected<br />

by the end of January 2011, with a first<br />

draft of amendments to the directive scheduled<br />

for the middle of the second quarter, before the<br />

regulatory procedure with the other EU institutions<br />

can begin.<br />

In a context closely linked to MiFID, the EU<br />

Commission also worked on Packaged Retail<br />

Investments Products, or the PRIPs: 2 page<br />

documents that will replace current versions of<br />

simplified documents for all collectively managed<br />

or designed financial products for retail<br />

clients. The ABBL is rather supportive of the<br />

proposal -- although additional details may<br />

change its view -- because it truly goes in the<br />

direction of a better and more transparent<br />

approach for clients. The KIID (the 2 page document)<br />

will offer essential information on financial<br />

products so that a private investor may be able<br />

to compare and choose among various financial<br />

products on the basis of risk, profiles or fees. The<br />

PRIPs are likely to be implemented at the same<br />

time as the reviewed MIFID, thus offering a high<br />

level benchmark for offering financial investment<br />

services in the EU.<br />

Post-trade<br />

If the EU Commission worked rapidly on the<br />

pre-trade and trade level, it was not resting on<br />

its laurels in post-trade. In September, the EU<br />

Commission, in dogmatic line with the G20 agenda,<br />

proposed a draft regulation on a European<br />

status for clearing-houses that would have to<br />

accept the maximum number of OTC traded derivatives.<br />

The regulation also introduces the concept<br />

of Trade Repositories (i.e. big data bases for<br />

OTC derivatives). The objectives of the European<br />

Market Infrastructures Regulation (EMIR) are to<br />

be effective as of 1 January 2013, so as to comply<br />

with the international agenda. The industry is<br />

cautiously supportive of the project, because it<br />

may bring an objective source of post-trade data<br />

20 January 2010<br />

ABBL Response to the Communication from the Commission<br />

on an EU Framework for Cross-Border Crisis Management in<br />

the Banking Sector.<br />

ECOFIN: Luxembourg and Austria agree to directive on mutual<br />

assistance in the recovery of taxes.<br />

Conference Board: Luxembourg ranks 1 st in labour productivity.<br />

12

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