European Commission

With the European Commission confirming on Tuesday that the Level 2 Regulatory Technical Standards (RTS) for the revised European Long-Term Investment Funds (Eltifs) regime are on track, the alternatives industry is shifting its focus towards overcoming operation challenges such as on co-investments, liquidity management and handling different tax regimes across the EU market.

Some 40 new Eltif funds, enabling European retail investors to put their money in private markets, are understood to be in the pipeline, due to enter the market in the coming months.

When the long wait for the retail investment strategy finally ended on Wednesday at a European Commission press conference in Brussels, Commissioner Mairead McGuinness gave the financial industry three years to hit her targets for transparency, costs and retail investor participation, or an outright ban on kickbacks will be back on the table.

Fund firms face the prospect of EU rules setting standards of “value for money” for their investment products under the Retail Investment Strategy due to be unveiled on 24 May. This could include disincentives, for example, to charging active management fees for an investment that underperforms an index fund. For all the discussion of a ban on inducements for investment advice, the commission has decided to propose a more limited inducement ban on execution-only investments. 

For Luxembourg’s crypto community, Thursday’s adoption of the MiCA regulation in the European Parliament reassures established financial players and offers an EU passportable licensing regime with no need for national transposition in member states. “It enables new ways of issuance and distribution of new types of assets,” said ABBL.

Europe’s long-awaited Markets in Crypto-Assets regulation is finally coming up for a vote this coming Thursday at the European Parliament’s meeting in Strasbourg. Players in the crypto industry around the world and in Luxembourg, from cryptocurrency to NFT providers are closely parsing the text that will be voted on. 

The European Commission plans to stick to its plan to stop inducements for financial advisors, a proposal it recognises as “divisive” but one that is needed to build trust among investing consumers. “I think it’s good to grasp this nettle and to make change for the better,” said EU Commissioner Mairead McGuinness.

As fund managers and investors across the 27 countries in the European Union continue to question the union’s approach to its sustainable finance framework, Brussels has made clear it will take its time before addressing growing confusion over greenwashing. “Greenwashing remains to be defined at the EU level.”

From 2 August 2022, a European Commission regulation comes into force (Commission Delegated Regulation 2021/1253 of 12 April 2021) as part of MiFiD II that requires providers of investment advisory and discretionary portfolio management services to collect specific information on their clients sustainability preferences. 

The providers are also required to “meet such preferences”, while at the same time meeting their investment objectives and taking into account their financial situation and experience.

It’s been nearly a decade since the European Commission set out its ambitious plans for a Capital Markets Union (CMU), diversifying sources of funding in Europe’s economy. Progress so far has been slow and Brussels now has conceded it needs help to persuade member states and its citizens of its merits before it can make another push