The Impact of the New Wave of economic Regulation pertaining to European Energy Markets
Strength Policy 47 (2012) 468–477
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The impact of the new trend of ﬁnancial regulation intended for European energy markets Luuk Nijman and
School of Public Plan, University College or university London, Birmingham, WC1H 9QU, UK
L I G H D I G H Capital t S
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The European Commission has put forward a set of ﬁnancial guidelines to stabilize both ﬁnancial markets and energy rates. This article assesses the impact on this ﬁnancial legislation on strength markets. It shows that the theoretical and empirical effects of key elements through this legislation happen to be ambiguous. It argues that, if passed, particular marketplace parties including energy firms should not be free. It concludes that this pair of legislation will never necessarily bring about the effects the Commission wishes.
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Article history: Received 9 The fall of 2011 Accepted 14 Might 2012 Available 31 Might 2012 Keywords: Financial legal guidelines Regulation European Union
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As the ﬁnancial and physical marketplaces for energy have more and more become connected, energy transact is also included in ﬁnancial legal guidelines. The Western european Commission would like to strengthen this kind of ﬁnancial regulation of energy trade. It has submit a set of regulating proposals targeted at stabilizing ﬁnancial markets and limiting movements of energy rates. The most popular are EMIR, MAD, REMIT and the revised MiFID. Important elements are transparency, new trading venues, central clearing obligations and necessary transaction reporting. This article examines the probably outcomes for energy marketplaces, given the newest incentives for market functions. It states that although there is no floor to exempt particular strength market members such as energy companies coming from ﬁnancial legislation, increased rules will not automatically bring about the end results the Percentage desires. The causal hyperlink between derivatives trading and volatility of one's prices is definitely not known specifically and many with the economic effects of the recommended legislation are theoretically and empirically eclectic. Moreover, probably conﬂicting devices and objectives risk insurance plan inconsistency. & 2012 Elsevier Ltd. Almost all rights set aside.
1 . Introduction1 The unpredictability of energy prices in recent years features generated politics pressure to put these cost movements under control. Simultaneously, in the aftermath of the ﬁnancial catastrophe, the Euro Commission has set alone an ambitious regulatory change agenda intended for the ﬁnancial markets. This consists of both a strengthening of existing ﬁnancial regulation, along with several new proposals. Since the ﬁnancial and physical markets are getting to be intertwined – EU guidelines deﬁnes various energy legal agreements as ‘ﬁnancial instruments' – regulation in ﬁnancial marketplaces will impact energy market segments too.
Tel.: þ447833025035. Email-based address: l. nijman. [email protected] ac. uk 1 Mcdougal would like to give thanks to the two anonymous reviewers for their time and valuable comments that contributed to this kind of paper, and Jerry sobre Leeuw and dr . Geert Reuten who were willing to reveal their knowledge on the subject during the research phase. 0301-4215/$ - see front matter & 2012 Elsevier Ltd. Every rights set aside. http://dx.doi.org/10.1016/j.enpol.2012.05.030
Recognizing this kind of interdependence of ﬁnancial and energy marketplaces, the proposed set of ﬁnancial legislation features two targets. First, this wishes to lessen systemic risk in ﬁnancial markets and avert some of the domino results that open for use in the recent crisis. Second, as this kind of ﬁnancial guidelines also covers trade in commodity derivatives, it seeks to control volatility of one's prices. The proposed regulatory package is made up of a number of requirements for marketplace participants. These kinds of range from deal reporting commitments and increased transparency to compulsory central clearing. This sort of requirements create new bonuses for market parties inside their...
References: ¨ [AFM] Autoriteit Financiele Markten, 2008. Market segments in Financial Musical instruments Directive—In 82 vragen door de MiFID. 2nd education. January 2008. Baruch, S., 2005. Who beneﬁts via an open limit-order book? Log of Business 78 (4), 1267–1306. Basu, P., Gavin, W. T., 2011. What explains the expansion in item derivatives? National Reserve Lender of St . Louis Assessment 93 (1), 37–48. [BIS] Bank pertaining to International Negotiations, 2004. Tips for Central Counterparties, Consultative Record. March 2004. [BIS] Bank for International Settlements, 2010. Amounts Spectacular of OTC Equity-Linked and Commodity Derivatives. Semiannual OVER THE COUNTER Derivatives Statistics. June 2010. Biais, B., Martimort, M., Rochet, T. C., 2150. Competing mechanisms in a common value environment. Econometrica 82 (82), 251–288. Boehmer, Electronic., Saar, G., Yu, D., 2005. Working out with the veil: an examination of pre-trade transparency at the NYSE. Log of Financial Market segments 8, 217–264. Brunet, A., Shafe, M., 2007. Past enron: control in energy derivatives trading. Northwestern Journal of Foreign Law & Business 28, 665–706. Cantillon, E., Yin, P., 2011. Competition among exchanges: An investigation agenda. Intercontinental Journal of Industrial Organization up to 29 (3), 329–336. CESR, ERGEG, 2008. CESR and ERGEG Advice for the European Commission payment in the Circumstance of the Third Energy Deal. Response to Question F. twenty – Market Abuse. CESR/08–739. Citigroup, 06\. CCPs: A User's Perspective. Discussion Conventional paper for the Joint Conference of the Western european Central Bank and the Federal Reserve Bank of Chi town on Issues Related to Central Counterparty Removing. April 06\. City of Greater london, 2010. Learning the Impact of MiFID. Unique Interest Series. October 2010. City of London, 2011. Effects of MiFID in the Framework of Global and National Regulatory Innovations, European Study. London, uk Economics, thirty seven. May 2011. Davies, 3rd there�s r. J., 2008. MiFID and a Changing Competitive Surroundings. Babson University Working Paper Series. The spring 2008. ¨ Degryse, L., 2008. MiFID: competitie operative ﬁnanciele markten en ﬁnancieel toezicht. Economische Statistische Berichten 93, 51–57. Degryse, L. de Jong, F., Van Kervel, V., 2010. The effect of MiFID on the Top quality of Euronext. Working paper, Tilburg College or university. Diaz-Rainey, I actually., Siems, M., Ashton, T., 2011. The Financial Dangerous European Wholesale Energy and Environmental Market segments. USAEE-IAEE Doing work Paper 11–070. March 2011. ¨ [DNB] De Nederlandsche Bank, 2007. Overzicht Financiele Stabiliteit in Nederland. 5, Spring 2007. ¨ [DNB] De Nederlandsche Bank, 2011. Overzicht Financiele Stabiliteit in Nederland. 13, Spring 2011. [EEI] Edison Electric Company, 2010. US Energy Companies Response to OTC Derivatives Reform: Energy Sector Impacts. January 2010. [EEX] European Energy Exchange, 2011. Hour Contracts; Place Hourly Public sale. European Electrical energy Index. twenty-five May 2011. [EFET] Euro Federation of Energy Traders, 2010. EFET Respond to Public Assessment by the Directorate General for Internal Market and Solutions on Derivatives and Marketplace Infrastructures (‘‘EC Consultation''). 9. 7. 2010. EGL, 2011. View on Electrical power Markets. No . 116. March 2011. Elstob, P., 2011. FSA by Odds with European Commission payment Over Areas of MiFID II. WBC. 29, March 2011. E. IN, 2011. E. ON's Placement on: Appointment on the Report on the Markets monetary Instruments Directive (MiFID). 2 . 2 . 2011. Eurogas, 2011. Eurogas Cover Note in MIFID, installment payments on your 2 . 2011. European Commission rate, 2004. Directive 2004/39/EC with the European Legislative house and of the Council of 21 04 2004, on Markets monetary Instruments Amending Council Directives 85/611/EC and 93/6/EEC and Directive 200/12/ EC in the European Legislative house and of the Council and repealing Council Directive 93/22/EEC, OJ T 145, 30. 4. 2005. European Commission rate, 2007. DG Competition Report on Energy Sector Request Part 1 . 10. 1 ) 2007. Brussels, SEC (2006) 1724. Western european Commission, 2010a. Proposal to get a Regulation of the European Parliament and of the Council in OTC Derivatives, Central Counterparties and Control Repositories. Brussels, COM (2010) 484 ﬁnal.
6. Ending thoughts The ﬁnancial and physical strength markets have grown to be intertwined. This content has described the vast set of ﬁnancial legislation that, if moved through, may have signiﬁcant outcomes for Western energy markets. The Western Commission attempts to support both ﬁnancial markets and energy rates by regulating the control in ﬁnancial instruments, including energy derivatives. Key elements from this regulatory deal are transparency, the beginning of new trading platforms, central cleaning of OTC derivatives and transaction credit reporting. Having examined some of the theoretical effects of these aspects searching at the new incentives they feature participants inside the energy market segments, this article provides advanced two arguments. First, if the Commission payment wishes to excercise the regulation of trade in energy derivatives, it should extend this legislation to all marketplace participants. You will find no convincing arguments to exempt non-ﬁnancial institutions, just like energy companies. Second, it would be misguided to anticipate that upgrading regulation of strength derivatives trading automatically minimizes volatility; none in the ﬁnancial, nor inside the physical strength markets. The actual link among derivatives trading remains uncertain, the political discourse itself has added to volatility and this legislation might have some eclectic and unintentional effects. Therefore , it would be advisable to take a more cautious position and cautiously weigh the various costs and beneﬁts. In case the Commission makes a decision to push through with the entire package, a few caveats will be in order. Initial, overlaps and gaps between your several rules should be averted. For instance, it will be sensible to ascertain a single regulator for the energy sector instead of conferring competences upon 4 different ones. Breaks exists between deﬁnitions. For instance , REMIT deﬁnes inside information by discussing the owner of the item. Financial guidelines on the other hand identifies the inventor. It is ambiguous which one in the two is responsible for the credit reporting and openness obligations. One more caveat pertains to the conﬁdence in the politics discourse in increased legislation and the ability of regulators to prevent ﬁnancial crises. Becoming engulfed in transaction data does not mean government bodies will have the information or the flexibility to quickly act upon it. It may be a necessary measure, however it is by zero means sufﬁcient. A third risk the Commission payment needs to prevent is insurance plan inconsistency. It ought to be careful to never implement legislation with
L. Nijman as well as Energy Plan 47 (2012) 468–477
European Commission, 2010b. Pitch for a Dangerous the European Parliament and of the Council on Energy Market Sincerity and Visibility. Brussels, COM (2010) 726 ﬁnal. Euro Commission, 2010c. Impact Assessment, Accompanying the Proposal to get a Regulation of the European Legislative house and of the Council in Energy Marketplace Integrity and Transparency. Brussels, SEC (2010) 1511. Western european Commission, 2011a. Communication from the Commission to the European Legislative house, The Council, the Euro Economic and Social Committee and the Panel of the Parts, Tackling the Challenges in Commodity Markets and on Raw Materials. Brussels, COM (2011) 25 ﬁnal. Western Commission, 2011b. Proposal for any Regulation of the European Parliament and of the Council about Insider Dealing and Industry Manipulation (Market Abuse). Brussels, COM (2011) 651 ﬁnal. European Percentage 2011c. Proposal for a Dangerous the Western european Parliament associated with the Authorities on Market segments in Financial Tools and Amending Regulation [EMIR] on OVER-THE-COUNTER Derivatives, Central Counterparties and Trade Databases. Brussels, COM (2011) 652 ﬁnal. Euro Commission, 2011d. Proposal to get a Directive from the European Parliament and of the Council about Markets economic Instruments Repealing Directive 2004/39/EC of the Euro Parliament and of the Authorities. Brussels, COM (2011) 656 ﬁnal. European Commission, 2011e. Commission Personnel Working Paper, Executive Synopsis of the Impact Assessment, Enclosed the File Proposal for any Directive with the European Parliament and of the Council Marketplaces in Financial Musical instruments and the Pitch for a Regulation of the Western european Parliament associated with the Authorities Markets in ﬁnancial instruments. Brussels, SEC (2011) 1227 ﬁnal. [FERC] Federal Energy Regulatory Commission, 2007. Commission rate takes Primary Action in Two Main Market Manipulation Cases. IN07-26-000. July 3 years ago. Fidessa, 2011. Fidessa Fragmentation Index, The european union. Available by means of: /http://frag mentation. ﬁdessa. com/europeS. Viewed about 16. 6th. 2011. G20, 2011. G20 Meeting of Finance Ministers and Central bank Governors, 14–15 ´ April 2011: Final Communique. Graaf, N. G. N., Stegeman, 3rd there�s r. A., 2011. Europees voorstel voor de regulering vehicle OTCderivatenmarkten. Ondernemingsrecht 3, 99–112. Gresse, C., 2011. Effects of Competition among Multiple Trading Platform on ´ Market Fluid: Evidence in the MiFID Experience. Universite ParisDauphine Working Conventional paper. April 2011, pp. 1–37. Grootveld, D., Zebregs, B., 2011. Para impact van een verplicht clearingregime voor OTC-derivaten. VBA Beleggingsprofessionals Journaal 105 (Spring 2011), 8–11. Harris, D., 1997. Buy Exposure and Parasitic Investors. Working Newspaper Marshall College of Organization. 1, 1–22.
Hickey, T., 2011. The Bright Shimmering Line between Hedging and Speculation. Oil and Gas Financial Journal, January 2011. [IEA] Worldwide Energy Firm, 2009. Natural Gas Market Review 2009, 29. [IMF] Foreign Monetary Finance, 2008. Community Economic View. October 2008. [IOSCO] Worldwide Organization of Securities Commissions, 2009. Task Force in Commodity Options contracts Markets. Final Report. March 2009. [ISDA] International Investments and Derivatives Association, 2009. Transparency and Over-the-Counter Derivatives: The Position of Deal Transparency. ISDA Research Remarks. 1, Winter season 2009. [ISDA] International Investments and Derivatives Association, 2011. Product Information. Available at: /http://isda.org/educat/faqs.htmlS. Viewed in 7. 5. 2011. ¨ Kiesel, R., Schindlmayr, G., Borger, Ur., 2009. A two-factor style for the electricity forward market. Quantitative Finance 9 (3), 279–287. Larosiere, J. de, 2009. Final Report of the High-Level Group about Financial Direction in the EUROPEAN. February 2009. Macey, L. R., 1996. Derivative musical instruments: lessons intended for the regulating state. Journal of Corporation Law 21 years old, 69–93. Madhavan, A., Avoir, D., Weaver, D., 2006. Should securities markets be transparent? Diary of Financial Markets 8, 266–288. Masters, Meters. W., White-colored, A. E., 2008. The Accidental Quest Brothers: Just how Institutional Shareholders are Generating up Foodstuff and Energy Prices. Special Report, Come july 1st 2008. New york city Times, 2011. Companies Hedge Bets in a Cost to Consumers'', by Graham Bowley and William Neuman. a few. 5. 2011, B6. O'Hara, M., 2004. Liquidity and Financial Market Instability. NBB Working Papers, 55. May well 2004, 1–13. Oliver Wyman, 2006. Energy Market Affluence: Time to Assessment Trading Strategies, Risikomanagement and Operations. February 06\. Partnoy, Farreneheit., 1997. Monetary derivatives and the cost of regulatory arbitrage. Diary of Company Law 22, 211–255. Perryman, E., 2010. Regulation Tutorials Growth Chances in Commodity Markets. Hedgeweek, 17. on the lookout for. 2010. Pilipovic, D., 3 years ago. Energy Risk: Valuing and Managing Energy Derivatives, second ed. McGrawHill Publishers, Ny. RWE, 2011. A Ease and comfort Blanket, not Comfortably Customized: How Ill-Fitting Bank Rules will Harm Europe's Commodity and Strength Markets. Sold at: /http://www.rwe.com/web/cms/mediablob/en/603316/data/158406/4/rwesupply-trading/blob.pdfS. Viewed on 18. 6. 2011. The CityUK, 2011. Products Trading. Financial Markets Series. March 2011. Valiante, Deb., Assi, N. MiFID Setup in the Midst of the Financial Crisis. Outcomes of an ECMI Survey. ECMI Research Record, 2, March 2011. Weron, R., 2001. Energy Value Risk Management. HSC Research Information, 2, 03 2001.