Capital Markets Union
The Capital Markets Union is an economic policy initiative launched by the former president of the European Commission, Jean-Claude Junker in the initial exposition of his policy agenda on 15 July 2014. The main target was to create a single market for capital in the whole territory of the EU by the end of 2019. The reasoning behind the idea was to address the issue that corporate finance relies on debt and the fact that capitals markets in Europe were not sufficiently integrated so as to protect the EU and especially the Eurozone from future crisis. The Five Presidents Report of June 2015 proposed the CMU in order to complement the Banking Union and eventually finish the Economic and Monetary Union project. The CMU is supposed to attract 2000 billion dollars more on the European capital markets, on the long-term.
The CMU was considered as the "New frontier of Europe's single market" by the Commission aiming at tackling the different problems surrounding capital markets in Europe such as: the reduction of market fragmentation, diversification of financial sources, cross-border capital capital flows with a special attention for Small and Medium-sized enterprises. The project was also seen as the final step for the completion of the Economic and Monetary Union as it was complementary to the Banking Union that had been the stage for intense legislative activity since its launching in 2012. The CMU project meant centralisation and delegation of powers at the supranational level with the field of macroeconomic governance and banking supervision being the most affected.
In order to address the goals and the objectives decided at the creation of the project, an Action Plan subject to a mid-term review was proposed consisting in several priority actions along with legislative proposals to harmonise rules and non-legislative proposals aiming at ensuring good practices between market operators and financial firms.
The new European Commission under the leadership of Ursula von der Leyen has committed to take ahead and finalise the project started by its predecessor by working on a new long-term strategy and to address the problems the project has had in recent times following the mid-term review and the UK's exit from the EU. This is also highlighted in her bid for the presidency of the European Commission during the process of election as the main economic motto of her campaign was "An economy that works for people".
Context
History of the EU financial integration
Capital Markets Union is, by nature, a step in the history of the European Union financial integration, whose dynamic is to lead to freer movement of capital. The Treaty of Rome, establishing the European Economic Community in 1957, already expressed the necessity to instaure free movement of capital in between the member states. Then, the directive of 1988 implemented it by preventing any restriction on free capital flow. In 1999 was created the financial services action plan, first step in creating a single market for capital, and in 2011 the European Supervisory Authority, in order to insure the European financial markets stability. Only four years later, is the CMU project presented by Jean-Claude Juncker.Characteristics of the EU financial system
EU economy remains bank-oriented, especially when compared to the United States. It means that corporations usually prefer to borrow money to the banking sector instead of financing their investments through financial markets. According to the OECD analysis, this is partly due to the fiscal bias : in most European countries, firms benefit from tax advantages if they have to reimburse a bank loan, but that is not the case if they emitted obligations on the capital markets. Therefore, there is a strong financial incentive for European companies to favour the banking sector. This high reliance on the banking system implies less stability for the European economy, hence the position of the European Commission, which advocates for a diversification of financing sources. SMEs, which have particular difficulties in integrating the financial markets but which represent a good share in the created value of the European firms, largely contribute to this tendency.The second characteristic is part of the bank-based nature of the EU economy : it is the European saving patterns. Whereas the United States population choose to invest in long-maturity-assets through pension funds or life insurances, European savers prefer easily accessible financial instruments, such as deposits or short-maturity-assets. This economic behaviour generates a lack of financial profitability of the EU and accentuate the importance of banks as the main funding providers of the European economy.
The third characteristic of the European financial system is that capital invested stay usually in the national market : it is the home bias. Even if before 2011, there was a positive trend for cross-border investments, most of the capital flow was remaining within the national frontiers of the member states and European financial integration is still limited. This lack of cross-border investments prevent high-growth-potential companies from getting the financial resources they need to develop innovations and become more competitive. In fact, shareholders prefer buying shares from their national companies, creating an important hinder to European financial integration, because they have to face regulation barriers if they want to invest in another country of the EU.
Financial and political shocks
Impact of the 2011 crisis
The financial crisis had two main consequences on the financial integration of the European Union. Firstly, it showed the instability induced by an excessive reliance on banks' loans. When there is uncertainty, the offer of credit is reduced, impacting negatively all the economic activities depending on it. It is especially the case for Europe, whose SMEs mainly get financed by the banking system. Dealing with the aftermaths of the 2011 crisis, the dependency of the EU economy on banks made it harder to growth and employment, according to the former President of the European Commission. Secondly, the financial crisis increased the fragmentation of the European capital markets by increasing the domestic bias.. |269x269px There was a sensible reduction of cross-border investments after 2011. because the previous financial integration was led by banks investing on international financial markets. Once affected by the crisis, their withdrawal drove the European financial system to more fragmentation than before.Impact of the Brexit
Most of the financial power of the European Union is located in the. However, following the referendum of the 23rd of June 2016, the United Kingdom initiated the procedure to get out of the European Union. Even if some British firms are moving the continental Europe, Brexit means the loss of most of the financial expertise of the EU. In spite of that, the European Commission asserted the consistency of the Capital Markets Union action plan, already launched at the time, and accelerated the efforts to implement it.Objectives
Economic goals
The European Commission designed 3 different levels of objectives for the Capital Markets Union, from the global economic goals to the more concrete necessity for the construction of an integrated financial system. These economic objectives frame the six intervention areas encompassed by the action plan.Overarching objectives
- Facilitating the financing of both private and public sector on the financial markets
- Ensuring the stability and the sustainability of the European financial system through integration
Strategic objectives
- Improving the competitiveness and the efficiency of the European capital markets, in order to fight against the "market fatigue"
- Pursuing a stable financial integration, in order to fight against the "integration fatigue"
- Increasing cohesion within the European Union, in order to fight against the "eroding consensus"
Operational objectives
- Improving data availability across European countries
- Facilitating the access to markets
- Strengthening the implementation of the regulation protecting the investors
Actors targeted
The Capital Market Union action plan aims at affecting positively 4 types of economic actors :- Citizens : improving the profitability on savings for retirement and the opportunities of investments
- Companies : extending the possibilities to be financed differently than by a bank loan
- Investors : reducing the hindrance to invest in another member state
- Banks : extending the lending opportunities and encourage sane balance-sheets
Action plan
The Commission put forward an action plan for the CMU in September 2015 followed by two legislative proposals concerning securitization. The action plan was launched encompassing mainly 6 areas of intervention with a total of 20 objectives to be achieved through 33 actions. As set out by the Commission, these actions would be subject to a in 2017 where 9 other priority actions were adopted having regard to what had been achieved and the different challenges that the EU was facing, as for instance Brexit. The original action plan from 2015 entails 6 priority axis, namely: 1) Financing for innovation, start-ups and non-listed companies; 2) Making it easier for companies to enter and raise capital on public markets; 3) Investing for the long term, infrastructure and sustainable investment; 4) Fostering retail investment; 5) Strengthening banking capacity to support the wider economy and; 6) Facilitating cross-border investment.https://ec.europa.eu/info/business-economy-euro/growth-and-investment/capital-markets-union/capital-markets-union-action-plan/financing-innovation-start-ups-and-non-listed-companies_en Financing for innovation, start-ups and non-listed companies
The first priority axis entails actions aiming at supporting venture capital and equity finance through the creation of a pan-European venture capital fund-of-funds with a total amount of €2.1 billion to boost venture capital and start-up financing; proposing the revision of the EuVECA and EuSEF and also implementing action in the field of tax incentives for venture capital and business in general.Furthermore, it aims at overcoming information barriers to SMEs investment as in the first Green Paper launched by the Commission on the CMU, the Commissioner for Financial Stability, Financial Services and Capital Markets Union at the time recognised the importance of facilitating access to finance by SMEs. This translated into 2 main actions, the first aiming at strengthen feedback given by banks declining SME credit applications and the second by mapping existing local or national support and advisory capacities across the EU to promote best practices. Last but not least, the Commission wants to promote innovative forms of corporate finance through the studying of crowdfunding possibilities, the development of a coordinated approach to loan origination by funds and assess the case for a future EU framework and the promotion of private placements.
https://ec.europa.eu/info/business-economy-euro/growth-and-investment/capital-markets-union/capital-markets-union-action-plan/making-it-easier-companies-enter-and-raise-capital-public-markets_en Making it easier for companies to enter and raise capital on public markets
The second priority axis is an attempt to produce substantial results in the EU's long-term effort to promote integration through the CMU. It consists in strengthening access to public markets though a proposal to modernise the , a review of the to SME admission on public markets and SME growth markets and the realisation of workshops and a review of EU corporate bond markets, focusing on market liquidity. In addition to that, the Commission wants to support equity financing by addressing debt-equity bias in national corporate tax systems.https://ec.europa.eu/info/business-economy-euro/growth-and-investment/capital-markets-union/capital-markets-union-action-plan/investing-long-term-infrastructure-and-sustainable-investment_en Investing for the long term, infrastructure and sustainable investment
By investing for the long-term, the Commission also expects that removing barriers to investment will promote sustainable investment generating infrastructure and financing climate related projects. For this reasoning, the proposals wants to support infrastructure investment by investment in infrastructure and the promotion of the European Long Term Investment Funds and a review of the Capital Requirements Regulation, changes on infrastructure calibrations. Additional action to ensure consistency of EU financial services through the release of the providing for a single set of harmonised prudential rules for business to operate so that they can have easy access to the general conditions to operate at EU level.The support for sustainable investment is also a priority action that goes in line with objectives set in the Commission's Green Deal. It entails introducing new legislation and setting a benchmark for companies to operate based on this model. Last but not least, the Commission aims at expanding opportunities for institutional investors and fund managers through an assessment of the prudential treatment of private equity and privately placed debt in Solvency II and Consultation on the main barriers to the cross-border distribution of investment funds.
https://ec.europa.eu/info/business-economy-euro/growth-and-investment/capital-markets-union/capital-markets-union-action-plan/fostering-retail-investment_en Fostering retail investment
Retail investment happens to be one of the most important priorities in the area of asset allocation. The Commission wants to increase choice and competition for retail consumers through the issuance of a in order to establish an action plan on the field as well as organising a round table with different experts to discuss further actions to promote the sector.Additional action to help retail investors to get a better deal by assessing the EU retail investment product markets through the European Supervisory Authorities was proposed as well as action to support saving for retirement with the assessment of the case for a policy framework to establish European personal pensions in cooperation with the EIOPA.
https://ec.europa.eu/info/business-economy-euro/growth-and-investment/capital-markets-union/capital-markets-union-action-plan/strengthening-banking-capacity-support-wider-economy_en Strengthening banking capacity to support the wider economy
Since the European economy is mainly reliant on the banking sector, the firth priority axis aims at reducing this reliance but also strengthen capacity in order to face crisis more efficiently. Having regard to that, the Commission proposed strengthening local financing networks by expanding the possibility for EU countries to authorise credit unions outside the capital requirements directive and regulation.Other proposes include building an EU securitisation markets with a proposal on simple, transparent and standardised securitization and revision of the capital calibrations for banks and support to bank financing of the wider economy via consultation on an EU-wide framework for covered bonds and similar structures for SME loans and benchmarking of national loan enforcement frameworks from a bank creditor perspective.
https://ec.europa.eu/info/business-economy-euro/growth-and-investment/capital-markets-union/capital-markets-union-action-plan/facilitating-cross-border-investment_en Facilitating cross-border investment
The main objective is to tackle fragmentation by removing regulatory barriers to the financing of the economy and increasing the supply of capital to businesses. The actions proposed the removal of national barriers to cross-border investment with the issuance of and further actions to be followed. Furthermore, action to improve market infrastructure for cross-border investing via targeted action on securities ownership rules and third party effects of assignment of claims and a review progress in removing remaining Giovannini barriers was also proposed.Other actions include the fostering of convergence of insolvency proceedings by introducing the so-called Insolvency law; removal of cross-border tax barriers with the creation of for relief-at-source from withholding taxes procedures and the conduct of a study on discriminatory tax obstacles to cross-border investment by pension funds and life insurers launched in 2016; strengthening of supervisory convergence and capital market capacity building through a Strategy on supervisory convergence to improve the functioning of the single market for capital; a White Paper on ESAs' funding and governance and; technical assistance to Member States to support capital markets' capacity leading to the adoption of and; the enhancing of capacity to preserve financial stability by a .
Actors Involved
The Commission was the main actor through its proposing of the CMU and later with its promotion. Jean-Claude Junker, the president-elect of the new European Commission, at the time, officially presented his plan to the European Parliament in July 2014. The Junker Plan included the creation of the CMU and a series of other initiatives to remove obstacles to finance and investment in Europe., Commissioner responsible for the Capital Markets Union project.
With the newly elected Commission, a new role was created, that of Commissioner for Financial Stability, Financial Services and Capital Markets Union. Firstly held by the British-appointed Commissioner Jonathan Hill, the post was responsible for promoting and taking ahead the project. After the UK's decision to exist the EU, Valdis Dombrovskis, took on the portfolio with a strong commitment to push the CMU agenda through, specially after Brexit.
The Commission has been particularly active in the project as there was no evidence that member states governments or the financial industry convinced the Commission to act, even if it consulted with stakeholders. Nevertheless, the CMU project cannot be operationalised on its own. As highlighted in the action plan, the CMU works based on legislative proposals and harmonisation at EU level. The budget of the Union is still limited despite the high amount destined to the project. Therefore, the Council and the European Parliament have an important role to play as co-legislators in the communitary arena.
European agencies have also a key role when it comes to supervision and effectiveness of the CMU. The European Securities and Markets Authority has been charged, by the Commission, to carry out assessment reports of the progress, most notably in the field of retail investment, for instance. Along with the EIOPA, the EBA and the European Central Bank, the four supervisors form the European Supervisory Authorities, they are responsible for ensuring the European System of Financial Supervision which is directly linked to the CMU project by ensuring supervision convergence.
Mid-Term Review
On the 8th of June 2017, the mid-term review report was released described as "Capital Markets Union 2.0". The review was an opportunity for the Commission to publicise its achievements as well as sharing the challenges faced so far and what could be done to tackle them. The launched nine new priorities to solve the EU's cross-border investment challenge. By assessing the progress and the challenges through massive open consultations on the CMU project, the Commission was able to adopt new actions complementing the 2015 original Action Plan.Stakeholder consultation
- Start-ups and scale-up firms in Europe need other forms of investment than just traditional banks, therefore, the development of new forms of emerging risk capital credits must be a priority.
- Public equity and debt markets are not as developed as other economies, including some inside the territory of the Union. The assessment of these markets is a challenge, especially for SMEs.
- The post-crisis efforts to reduce exposure to risk meant reduction in the number of loans to EU businesses. The CMU project must be perceived as a good alternative to solve bank's balance sheets problems and to fund their lending to businesses and households.
- Not enough investment in risk capital, equity and infrastructure by pension funds and insurance companies. Private capital must be mobilised to help the European economy attain its goals of becoming a "green economy" through sustainable development and low-carbon emissions.
- Retail investors are not connected with capital markets in general. As households in Europe are amongst the highest savers in the world, capital markets could be boosted through the provision of attractive investment propositions on competitive and transparent terms. It would help to tackle the problems of an ageing population and low interest rates.
- Barriers to cross-border investment are still very present in Europe. They reduced market liquidity and make it harder for companies to scale up.
Actions Proposed
Policy field | New Priority Action | Aim |
Supervision | Revision the power and the competences of the European Supervisory Authorities especially ESMA | Guarantee a more efficient and consistent supervision. |
SMEs | More proportionate rules on Small and Medium-sized enterprises listing | To render the access for SMEs cheaper and to increase the amount of IPOs in Europe. |
Investment firms | More proportionate and effective rules for investment firms | Boosting competition; improving investor's opportunities and; promoting better ways of managing risks. |
Fintech | More proportionate rules and support for cross-border business | To facilitate entry by non-bank entities into the market, to increase competition among these institutions by granting new passporting schemes to provide new solutions for capital markets and to decrease costs for companies. |
Non-performing loans | Measures to tackle non-performing loans | They want to do so by cleaning up bank balance sheets and by promoting new credit to the economy. |
Investment funds | Facilitate cross-border distribution of investment funds | To allow investment funds in the EU to grow, to allocate capital more efficiently across the EU and to deliver better value and greater innovation for investors. |
Stability of the regulatory framework | To provide guidance on EU rules for treatment of cross-border investment and framework for amicable resolution of investment disputes | To provide for a greater transparency on the effective protection of EU investors rights. |
Local capital markets | EU strategy to support local and regional market development | To broaden the geographical reach of capital markets and to find local solutions for SME funding. |
Progress
Achievements
Since Jean-Claude Juncker's first mention of the Capital Markets Union, in November 2014, and the adoption of the action plan, in September 2015, many legislative actions and non-legislative initiatives were led by the European Commission to reach its objectives. . The two following tables show the latest stage of progress of every field of action on which the European Commission is working, regarding the CMU.Legislative actions
Time period | Legislative action |
October 2018 | |
April 2018 | Launch of the Pan-European venture capital fund-of-funds program |
June 2017 | |
May 2017 | |
December 2016 | Agreement by the co-legislator on a regulation to modernise the Prospectus Directive |
November 2016 | Adoption of the proposal on the review of infrastructure calibrations for banks through the |
November 2016 | Adoption of the proposal on credit unions' authorisation outside the |
October 2016 | Adoption of the proposal on the Common Consolidated Corporate Tax Base and debt-equity tax bias |
July 2016 | EuVECA and EuSEF legislation review |
April 2016 | Adoption of the proposal on |
Non-legislative initiatives
Time period | Non-legislative initiatives |
November 2018 | Agreement of the Council on a general approach of EU-wide framework for covered bonds and similar structures for SME loans |
April 2018 | |
June 2017 | Publication of the |
June 2017 | Adoption by the EU banking associations of the |
June 2017 | Adoption of the staff working document on existing local or national support and advisory capacities across the EU to promote best practices |
March 2017 | Adoption by the commission of the Consumer Financial Services Action Plan: Better products and more choice for EU consumers |
March 2017 | Adoption of the |
November 2016 | Adoption of the |
May 2016 | Publication of a |
February 2017 February 2016 | Support given to the European Securities and Markets Authority in implementing its annual work programme on supervisory convergence |
Situation since 2017
Even though 9 new action priorities were added to the action plan in 2017, the CMU project faces difficulties to go forward since its mid-term review. This stagnation might be due to multiple factors, such as the return of growth in the Eurozone countries, reducing the economic incentive to reform its financial system, the rise of political tensions within the EU or the prioritisation of national issues by the European political leaders. Moreover, as the effects of such structural reforms can hardly been observed in the short term, it is difficult to analyse the results of the Capital Markets Union action plan without a bigger time perspective than we have today.Criticism
Benefits to the EconomyThere is the assumption that developing Capital Markets is important for the economy as it brings along growth and prosperity with diversified sources of investment capital boosting the real economy in general. The Bank for International Settlements outlines that financial markets development accumulates debt and does not improve the real economy and growth as it benefits from high-collateral and low-productivity projects generating misallocation of resources.
In addition, the growth in debt activities by capital markets before the 2008 economic crisis did not lead to growth in the real economy instead, the increased interaction between banks and market-based activities augmented the probability of systemic risk. One of the main causes of the 2008 financial crisis, as it has become known, was due to the excessive development of capital markets financing.
Furthermore, as outlined, Capital Markets often represent higher costs for SMEs fundraising and the development of debt Capital Markets increases the risk of systemic risk through the connection of balance sheets via securitisation with poor risk transmission. In sum, it creates shadow banking.
Financing via Capital Markets
The banking sector is recognised to be one of the most important forms of financing for European companies. Nevertheless, the introduction of the Basel III restricted banking lending and put Capital Markets as an alternative for European business to raise funds. Captal Markets were seen as an alternative to banks. However different member states have different levels of financial development some of them, most notably the southern ones, are more likely to be penalised with the project. The commission had to convince such countryes that the project would be benefitial, nevertheless, the support in the region was somehow limited.
SMEs
In the field of SMEs, the CMU aims at giving access to Venture Capital and lowering costs for funding, however it can lead to shorter holding periods of investment and to great volatility. It turns out that SMEs are less stable and represent, in general, risky investments, pushing away banks and limiting SMEs clients. All-in-all this limits the scope of the CMU project through the process of de-risking larger banks and relegating SMEs which in turn concentrates the risk in les agile financial actors.
In addition, SMEs are not always able to cope with the different standards deriving from European and International law such as for instance, the International Financial Reporting Standards, generating extra costs for SMEs and undermining their credibility vis-à-vis possible investors that look for transparency and guarantees of good management. In practical terms, banks have access to a huge data base where creditworthiness is assessed and then processed. This does not happen on an equal foot for SMEs.
Securitisation
The securitisation process under the CMU project has been highly criticised because of its previous consequences during the 2008 Financial crisis. It is linked to the fact that securitisation-type transactions have led to interconnectedness with the shadow banking system and high levels of risk taking. The which should make it easier for investors to assess risk, still lacks clarity and clear definitions as it paves the way for private entities to interpret it in a broader way undermining its scope.
European Integration
The idea that Capital Markets integration is an important project to tackle the problem of market fragmentation in Europe has its contradictions. Unlike the Banking Union, the Capital Markets Union project encompasses different member states with different legal backgrounds and does not entail full harmonisation.
According to the ECB, to tackle the problem of market fragmentation, capital markets need equal access to financial services and equal treatment and not just convergence as it will not guarantee financial integration. Nonetheless, the project has not managed to deliver this so far and with the UK's exit, it seems unlike that efforts will be made in this field as other financial centres will compete to takes London's place in the continent.
Brexit
The UK was in the forefront of the project since the beginning. The then British-appointed Commission, Johnathan Hill was an active voice in promoting the continuation of the initiative. The Brexit decision was shocking for many as it meant that the CMU would see its efforts to build a risk-sharing via liquidity derivatives and securities markets very limited.
The initial aim of the project was to get closer to UK by repairing the ties with the EU27 as it would include all member states attracting and benefiting the City at the same time. In practice, it will also mean that the EU will lose the UK's wholesale market rendering the project somehow "meaningless" as this incentive along with the UK's proactive role diminished the project's publicization as from Brexit and lost support from some member states.