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The Capital Markets Union (CMU) is an economic policy initiative launched by the former president of the
European Commission The European Commission (EC) is the primary Executive (government), executive arm of the European Union (EU). It operates as a cabinet government, with a number of European Commissioner, members of the Commission (directorial system, informall ...
,
Jean-Claude Juncker Jean-Claude Juncker (; born 9 December 1954) is a Luxembourgish politician who was List of prime ministers of Luxembourg, prime minister of Luxembourg from 1995 to 2013 and president of the European Commission from 2014 to 2019. He also was List ...
in the initial exposition of his policy agenda on 15 July 2014. The main target was to create a
single market A single market, sometimes called common market or internal market, is a type of trade bloc in which most trade barriers have been removed (for goods) with some common policies on product regulation, and freedom of movement of the factors of pr ...
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 Corporate finance is an area of finance that deals with the sources of funding, and the capital structure of businesses, the actions that managers take to increase the Value investing, value of the firm to the shareholders, and the tools and analy ...
relies on
debt Debt is an obligation that requires one party, the debtor, to pay money Loan, borrowed or otherwise withheld from another party, the creditor. Debt may be owed by a sovereign state or country, local government, company, or an individual. Co ...
(i.e. bank loans) and the fact that
capital market A capital market is a financial market in which long-term debt (over a year) or equity-backed securities are bought and sold, in contrast to a money market where short-term debt is bought and sold. Capital markets channel the wealth of savers ...
s in
Europe Europe is a continent located entirely in the Northern Hemisphere and mostly in the Eastern Hemisphere. It is bordered by the Arctic Ocean to the north, the Atlantic Ocean to the west, the Mediterranean Sea to the south, and Asia to the east ...
were not sufficiently integrated so as to protect the EU and especially the
Eurozone The euro area, commonly called the eurozone (EZ), is a Monetary union, currency union of 20 Member state of the European Union, member states of the European Union (EU) that have adopted the euro (Euro sign, €) as their primary currency ...
from future crisis. The ''Five Presidents Report'' of June 2015 proposed the CMU in order to complement the Banking union of the European Union and eventually finish the Economic and Monetary Union (EMU) 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 flows with a special attention for Small and Medium-sized enterprises (SMEs). 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 of the European 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 Ursula Gertrud von der Leyen (; ; born 8 October 1958) is a German politician, serving as president of the European Commission since 2019. She served in the Cabinet of Germany, German federal government between 2005 and 2019, holding position ...
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 Financial integration is a phenomenon in which financial markets in neighboring, regional and/or global economies are closely linked together. Various forms of actual financial integration include: Information sharing among financial institutions; s ...
, whose dynamic is to lead to freer movement of capital. The
Treaty of Rome The Treaty of Rome, or EEC Treaty (officially the Treaty establishing the European Economic Community), brought about the creation of the European Economic Community (EEC), the best known of the European Communities (EC). The treaty was signe ...
, establishing the
European Economic Community The European Economic Community (EEC) was a regional organisation created by the Treaty of Rome of 1957,Today the largely rewritten treaty continues in force as the ''Treaty on the functioning of the European Union'', as renamed by the Lisbo ...
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 The Financial Services Action Plan (FSAP) is a key component of the European Union's attempt to create a single market for financial services. Created in 1999 and to last for a period of six years, it contained 42 articles related to the harmonis ...
, 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 The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
. It means that corporations usually prefer to borrow money from the banking sector instead of financing their investments through
financial market A financial market is a market in which people trade financial securities and derivatives at low transaction costs. Some of the securities include stocks and bonds, raw materials and precious metals, which are known in the financial marke ...
s. According to the
OECD The Organisation for Economic Co-operation and Development (OECD; , OCDE) is an international organization, intergovernmental organization with 38 member countries, founded in 1961 to stimulate economic progress and international trade, wor ...
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 The United States of America (USA), also known as the United States (U.S.) or America, is a country primarily located in North America. It is a federal republic of 50 U.S. state, states and a federal capital district, Washington, D.C. The 48 ...
population choose to invest in long-maturity-assets through
pension fund A pension fund, also known as a superannuation fund in some countries, is any program, fund, or scheme which provides pension, retirement income. The U.S. Government's Social Security Trust Fund, which oversees $2.57 trillion in assets, is the ...
s or life insurances, European savers prefer easily accessible financial instruments, such as
deposits A deposit account is a bank account maintained by a financial institution in which a customer can deposit and withdraw money. Deposit accounts can be savings accounts, current accounts or any of several other types of accounts explained below. ...
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 economy of Europe comprises about 748 million people in 50 countries. Throughout this article "Europe" and derivatives of the word are taken to include selected states whose territory is only partly in Europe, such as Turkey, Azerb ...
. 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 state A member state is a state that is a member of an international organization or of a federation or confederation. Since the World Trade Organization (WTO) and the International Monetary Fund (IMF) include some members that are not sovereign states ...
s 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,
shareholder A shareholder (in the United States often referred to as stockholder) of corporate stock refers to an individual or legal entity (such as another corporation, a body politic, a trust or partnership) that is registered by the corporation as the ...
s prefer buying shares from their national companies, creating an important hindrance 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
2008 financial crisis The 2008 financial crisis, also known as the global financial crisis (GFC), was a major worldwide financial crisis centered in the United States. The causes of the 2008 crisis included excessive speculation on housing values by both homeowners ...
had two main consequences on the financial integration of the European Union: # ''It showed the instability induced by an excessive reliance on banks' loans:'' When there is
uncertainty Uncertainty or incertitude refers to situations involving imperfect or unknown information. It applies to predictions of future events, to physical measurements that are already made, or to the unknown, and is particularly relevant for decision ...
, the offer of
credit Credit (from Latin verb ''credit'', meaning "one believes") is the trust which allows one party to provide money or resources to another party wherein the second party does not reimburse the first party immediately (thereby generating a debt) ...
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 Employment is a relationship between two party (law), parties Regulation, regulating the provision of paid Labour (human activity), labour services. Usually based on a employment contract, contract, one party, the employer, which might be a cor ...
, according to the former President of the European Commission. # ''It increased the fragmentation of the European capital markets by increasing the domestic bias:'' 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 Brexit

Most of the financial power of the European Union was located in the
City of London The City of London, also known as ''the City'', is a Ceremonial counties of England, ceremonial county and Districts of England, local government district with City status in the United Kingdom, city status in England. It is the Old town, his ...
prior to
Brexit Brexit (, a portmanteau of "Britain" and "Exit") was the Withdrawal from the European Union, withdrawal of the United Kingdom (UK) from the European Union (EU). Brexit officially took place at 23:00 GMT on 31 January 2020 (00:00 1 February ...
. Some British firms moved to continental Europe implying a loss of financial expertise in 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 Financial integration, 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 The Capital Markets Union aims to ease the access of firms and states to financing, which has become more difficult since the
2008 financial crisis The 2008 financial crisis, also known as the global financial crisis (GFC), was a major worldwide financial crisis centered in the United States. The causes of the 2008 crisis included excessive speculation on housing values by both homeowners ...
. The creation of a single market for capital would send an incentive to
private Private or privates may refer to: Music * "In Private", by Dusty Springfield from the 1990 album ''Reputation'' * Private (band), a Denmark-based band * "Private" (Ryōko Hirosue song), from the 1999 album ''Private'', written and also recorded ...
and institutional actors to invest the capital available, by creating new possibilities of cross-border attractive investments. This renewed possibility of financing may help the economic agents to come back to the level of growth they had before the crisis, impacting positively the employment rate. It is especially true for SMEs which might need more financing than what the banking system can offer them and therefore, would benefit from more accessible capital markets. CMU would also make the institutional investments in infrastructures way easier. * Ensuring the stability and the sustainability of the European financial system through integration
Economic stability Economic stability is the absence of excessive fluctuations in the macroeconomy. An economy with fairly constant output growth and low and stable inflation would be considered economically stable. An economy with frequent large recessions, a pronou ...
depends on the diversification of the source of financing. When encountering a
crisis A crisis (: crises; : critical) is any event or period that will lead to an unstable and dangerous situation affecting an individual, group, or all of society. Crises are negative changes in the human or environmental affairs, especially when ...
hitting a particular source of financing, such as the banks in 2010, it is important to be able to get capital otherwise, both for the
states State most commonly refers to: * State (polity), a centralized political organization that regulates law and society within a territory **Sovereign state, a sovereign polity in international law, commonly referred to as a country **Nation state, a ...
and the
companies A company, abbreviated as co., is a legal entity representing an association of legal people, whether natural, juridical or a mixture of both, with a specific objective. Company members share a common purpose and unite to achieve specifi ...
. That is why giving and incentive to get financing through capital markets with the CMU would make the economy more shock-resistant, because it would depend less on the banking system. On the investors side, stability is ensured by the
portfolio Portfolio may refer to: Objects * Portfolio (briefcase), a type of briefcase Collections * Portfolio (finance), a collection of assets held by an institution or a private individual * Artist's portfolio, a sample of an artist's work or a ...
and the geographical diversification of the
asset In financial accounting, an asset is any resource owned or controlled by a business or an economic entity. It is anything (tangible or intangible) that can be used to produce positive economic value. Assets represent value of ownership that can b ...
s. It reduces the loss of value if a specific economic area is hit by a negative shock when you have invested in several types of activities and it reduces the loss if a specific country is touched when you have invested in several countries. Hence, the risk-sharing influence of the CMU may strengthen the European economic stability. Regarding
sustainability Sustainability is a social goal for people to co-exist on Earth over a long period of time. Definitions of this term are disputed and have varied with literature, context, and time. Sustainability usually has three dimensions (or pillars): env ...
, the increased access to capital is considered as a mean to finance environment-friendly economic projects and to encourage
sustainable development Sustainable development is an approach to growth and Human development (economics), human development that aims to meet the needs of the present without compromising the ability of future generations to meet their own needs.United Nations General ...
.


Strategic objectives

* Improving the competitiveness and the efficiency of the European capital markets, in order to fight against the "market fatigue" By increasing the range of investments opportunities, a CMU objective is to improve the capital markets effectiveness. This means improving the allocation of capital, leading it to the most efficient economic actors among the European firms, because a single market for capital would have given the possibility to do so. The efficiency of capital markets deals with the competition between the European
financial institution A financial institution, sometimes called a banking institution, is a business entity that provides service as an intermediary for different types of financial monetary transactions. Broadly speaking, there are three major types of financial ins ...
: making them gather in a common capital market would give the financial institution the incentive to become even more efficient. Competition would also lead to more diversification in terms of liabilities and assets. Market fatigue is the discredit from which asset and
security Security is protection from, or resilience against, potential harm (or other unwanted coercion). Beneficiaries (technically referents) of security may be persons and social groups, objects and institutions, ecosystems, or any other entity or ...
exchanges suffered after the
2008 financial crisis The 2008 financial crisis, also known as the global financial crisis (GFC), was a major worldwide financial crisis centered in the United States. The causes of the 2008 crisis included excessive speculation on housing values by both homeowners ...
. It reduces the capital flow on the capital markets and has a negative impact on the economic activity. * Pursuing a stable financial integration, in order to fight against the "integration fatigue" The improved integration of the capital markets with the CMU is meant to increase cross-border risk-sharing and to reduce the home-bias of the investments. Currently, there are still some hindrances, as the differences in terms of regulation among the member-states persuade investors to invest in their home-country. Actually, the diversity of European rules regarding
insolvency In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet i ...
, restructuring or
tax A tax is a mandatory financial charge or levy imposed on an individual or legal entity by a governmental organization to support government spending and public expenditures collectively or to regulate and reduce negative externalities. Tax co ...
ation represents a lack of legal security for investors. As the main point of a single market for capital is to remove the barriers of free capital flow in-between the member-states, the objective is to attract the savings of the richer countries towards the poorer ones. Removing the barriers preventing European exchanges, in order to act like a unified territory, is the very sense of integration. It counters the "integration fatigue" : the increasing difficulty for the European leaders to pursue the European integration. It is an incentive to invest abroad, therefore reducing the home-bias. Moreover, investing in another country leads to a geographical diversification of the assets possessed, which has a positive impact on the economic stability, as explained previously. Furthermore, investments in emerging economies can yield higher returns than advanced economies, as the idiosyncratic risk is higher. * Increasing cohesion within the European Union, in order to fight against the "eroding consensus" The "eroding consensus" is the increasing difficulty to get the support of the European population for the European institutions' decisions. The erosion is illustrated by the negative response of France and Netherlands to the European referendum on the constitution of the EU. The Capital Markets Union's goal is to represent a part of the solution to this issue, by improving the cohesion in Europe. Firstly, it is a project encompassing different
currencies A currency is a standardization of money in any form, in use or currency in circulation, circulation as a medium of exchange, for example banknotes and coins. A more general definition is that a currency is a ''system of money'' in common use wi ...
, therefore encompassing countries outside the Eurozone area. Secondly, it involves few changes in the way European institutions work, preventing any opposition to a total overhaul. Finally, it does not require risk-sharing from the member-states, which could have made the population reluctant to the CMU. Its main contribution to the European cohesion is its goal : to equally provide financing on capital markets, across the European territory, and to provide this access on the basis of the economic actors' merit.


Operational objectives

* Improving data availability across European countries Investors on the capital markets don't always have the necessary means to gather the needed information in order to invest, while financing institutions do. However, incertitude about their investments may prevent them from investing as much as they could have if they had had the adequate information. The latter would have allowed them to evaluate the worth of an asset and juge if its price corresponds, or not, to its value. Therefore, the first operational objective of the CMU is to increase the information flow to make the price setting on the capital markets more precise. * Facilitating the access to markets As it might be complicated for a small firm to produce the information necessary to enter the capital markets, the CMU's purpose is to set up the required execution infrastructures to ease their access. This means reducing the regulatory obstacles stopping SMEs and start-up to finance themselves through capital markets, so that every economic actor could have an equal access to the capital needed. Concretely, it leads to a simplification of the rules regarding the information production for small
issuer Issuer is a legal entity that develops, registers, and sells securities for the purpose of financing its operations. Issuers may be governments, corporations, or investment trusts. Issuers are legally responsible for the obligations of the issue ...
s. * Strengthening the implementation of the regulation protecting the investors Because of the lack of confidence in the
regulatory Regulation is the management of complex systems according to a set of rules and trends. In systems theory, these types of rules exist in various fields of biology and society, but the term has slightly different meanings according to context. Fo ...
structures protecting the investors, the amount of capital invested might be reduced. Consequently, the third operational objective of the CMU is to give more strength to the contracts and the rules protecting the capital providers so that they regain confidence on the capital markets. The idea of the project is that legal certainty that they are no going to loose suddenly the wealth they have invested will encourage the use of capital markets as a good mean to yield a profit from the savings rather than keeping it on a
bank account A bank account is a financial account maintained by a bank or other financial institution in which the financial transaction A financial transaction is an Contract, agreement, or communication, between a buyer and seller to exchange goods, ...
.


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 If citizens had the possibility to access capital markets in an easy way, they could use their savings to invest instead of keeping them on their bank account. They would do so because of the wider range of possible investments. It may be more profitable for them and increase the money they have for their retirement. * Companies : extending the possibilities to be financed differently than by a bank loan Firms, and especially SMEs which still face difficulties entering capital markets, would get access to European capital in an easier way on a single capital market where the information regulation would have been adapted to their situation. This is particularly true for the start-ups experiencing high growth and in need of a quicker financing to sustain their development. * Investors : reducing the hindrance to invest in another member state As explained previously, the harmonisation of the regulation across the European Union would allow investors to enter other member-state's capital market more easily. In fact, it would reduce their cost of adaptation to the national regulation : the financial regulation of a country would be the one of every member-state. If investing in your home capital market is as simple as investing in another, it would increase the investments opportunities for the investors. * Banks: extending the lending opportunities and encourage sane balance-sheets Because risky investments opportunities would go towards capital markets, a bigger portion of the banks' balance-sheets would be dedicated to the real economy. This is a way for the European Commission to prevent the
2008 financial crisis The 2008 financial crisis, also known as the global financial crisis (GFC), was a major worldwide financial crisis centered in the United States. The causes of the 2008 crisis included excessive speculation on housing values by both homeowners ...
, when the banks's balance-sheets were composed of too many subprime assets, from happening again.


Action plan

The Commission put forward an action plan for the CMU in September 2015 followed by two legislative proposals concerning
securitization Securitization is the financial practice of pooling various types of contractual debt such as residential mortgages, commercial mortgages, auto loans, or credit card debt obligations (or other non-debt assets which generate receivables) and sellin ...
.Securitization is the practice of pooling various types of contractual debts in a single assets and selling them to third party investors. This was very common during the subprime crisis where these assets were known as " CDOs". 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
mid-term review
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 Brexit (, a portmanteau of "Britain" and "Exit") was the Withdrawal from the European Union, withdrawal of the United Kingdom (UK) from the European Union (EU). Brexit officially took place at 23:00 GMT on 31 January 2020 (00:00 1 February ...
. 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.


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 Venture capital (VC) is a form of private equity financing provided by firms or funds to start-up company, startup, early-stage, and emerging companies, that have been deemed to have high growth potential or that have demonstrated high growth in ...
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 In the United Kingdom, the Commonwealth countries, Hong Kong, the United States and the European Union, a green paper is a tentative government report and consultation document of policy proposals for debate and discussion. A green paper represen ...
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 strengthening 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 Crowdfunding is the practice of funding a project or venture by raising money from a large number of people, typically via the internet. Crowdfunding is a form of crowdsourcing and Alternative Finance, alternative finance, to fund projects "withou ...
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 placement Private placement (or non-public offering) is a funding round of securities which are sold not through a public offering, but rather through a private offering, mostly to a small number of chosen investors. Generally, these investors include frien ...
s.


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 through a proposal to modernise th
Prospectus Directive
Adopted on the 14/06/2017. a review of the regulatory barriers to SME admission on public markets and SME growth markets and the realisation of workshops and a review of EU corporate
bond market The bond market (also debt market or credit market) is a financial market in which participants can issue new debt, known as the primary market, or buy and sell debt security (finance), securities, known as the secondary market. This is usually in ...
s, focusing on
market liquidity In business, economics or investment, market liquidity is a market's feature whereby an individual or firm can quickly purchase or sell an asset without causing a drastic change in the asset's price. Liquidity involves the trade-off between the ...
. In addition to that, the Commission wants to support equity financing by addressing debt-equity bias in national
corporate tax A corporate tax, also called corporation tax or company tax or corporate income tax, is a type of direct tax levied on the income or capital of corporations and other similar legal entities. The tax is usually imposed at the national level, but ...
systems.


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 (ELTIF) and a review of the Capital Requirements Regulation (CRR), changes on infrastructure calibrations. Additional action to ensure consistency of EU financial services through the release of th
rulebook
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 Private equity (PE) is stock in a private company that does not offer stock to the general public; instead it is offered to specialized investment funds and limited partnerships that take an active role in the management and structuring of the co ...
and privately placed debt in Solvency II and Consultation on the main barriers to the cross-border distribution of
investment fund An investment fund is a way of investment, investing money alongside other investors in order to benefit from the inherent advantages of working as part of a group such as reducing the risks of the investment by a significant percentage. These ad ...
s.


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
Green paper on consumer financial services and insurance
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.


Strengthening banking capacity to support the wider economy

Since the European economy is mainly reliant on the banking sector, the fifth 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 union A credit union is a member-owned nonprofit organization, nonprofit cooperative financial institution. They may offer financial services equivalent to those of commercial banks, such as share accounts (savings accounts), share draft accounts (che ...
s outside the capital requirements directive and regulation. Other proposes include building an EU securitisation markets with a proposal on simple, transparent and standardised (STS)
securitization Securitization is the financial practice of pooling various types of contractual debt such as residential mortgages, commercial mortgages, auto loans, or credit card debt obligations (or other non-debt assets which generate receivables) and sellin ...
and revision of the capital calibrations for banks This action included the introduction of Regulation 2017/2402 entitled "securitisation regulation" on the 12/12/2017. 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 (including
insolvency In accounting, insolvency is the state of being unable to pay the debts, by a person or company ( debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet i ...
) from a bank creditor perspective.


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 o
Report on national barriers to the free movement of capital
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 The Giovannini Group was charged to assess possible barriers to efficient cross-border clearing and settlement of securities in the EU. The barriers became known as Giovannini barriers. was also proposed. Other actions include the fostering of convergence of insolvency proceedings by introducing the so-called
Insolvency law In accounting, insolvency is the state of being unable to pay the debts, by a person or company (debtor), at maturity; those in a state of insolvency are said to be ''insolvent''. There are two forms: cash-flow insolvency and balance-sheet ins ...
;The Directive proposed is about preventive restructuring frameworks, second chance and measures to increase the efficiency of restructuring, insolvency and discharge procedures. removal of cross-border tax barriers with the creation of
code of conduct
for relief-at-source from withholding taxes procedures and the conduct of a study on discriminatory tax obstacles to cross-border investment by
pension fund A pension fund, also known as a superannuation fund in some countries, is any program, fund, or scheme which provides pension, retirement income. The U.S. Government's Social Security Trust Fund, which oversees $2.57 trillion in assets, is the ...
s 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 o
Regulation 2017/825
Adopted on the 17/05/2017 establishing the Structural Reform Support Programme for the period 2017 to 2020. and; the enhancing of capacity to preserve financial stability by
Review of the EU macroprudential framework


Actors Involved

The commission was the main actor through its proposing of the CMU and later with its promotion. Jean-Claude Juncker, the president-elect of the new European Commission, at the time, officially presented his plan to the
European Parliament The European Parliament (EP) is one of the two legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it ...
in July 2014. The Juncker Plan included the creation of the CMU and a series of other initiatives to remove obstacles to finance and investment in Europe. 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 exit the EU,
Valdis Dombrovskis Valdis Dombrovskis (; born 5 August 1971) is a Latvian politician serving as Executive Vice President of the European Commission for An Economy that Works for People since 2019 and European Commissioner for Trade since 2020. He previously serv ...
, took on the portfolio with a strong commitment to push the CMU agenda through, specially after Brexit. Since September 2020,
Mairead McGuinness Mairead McGuinness (born 13 June 1959) is an Irish politician who served as the European Commissioner for Financial Stability, Financial Services and the Capital Markets Union from October 2020 to November 2024. A member of Fine Gael, she pr ...
took over the portfolio and is in charge of taking ahead the project. 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 A budget is a calculation plan, usually but not always financial plan, financial, for a defined accounting period, period, often one year or a month. A budget may include anticipated sales volumes and revenues, resource quantities including tim ...
of the Union is still limited despite the high amount destined to the project. Therefore, the
Council A council is a group of people who come together to consult, deliberate, or make decisions. A council may function as a legislature, especially at a town, city or county/shire level, but most legislative bodies at the state/provincial or natio ...
and the
European Parliament The European Parliament (EP) is one of the two legislative bodies of the European Union and one of its seven institutions. Together with the Council of the European Union (known as the Council and informally as the Council of Ministers), it ...
have an important role to play as co-legislators in the community arena. European agencies have also a key role when it comes to supervision and effectiveness of the CMU. The
European Securities and Markets Authority The European Securities and Markets Authority (ESMA) is an agency of the European Union located in Paris. ESMA replaced the Committee of European Securities Regulators (CESR) on 1 January 2011. It is one of three European Supervisory Authori ...
(ESMA) 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 European Central Bank (ECB) is the central component of the Eurosystem and the European System of Central Banks (ESCB) as well as one of seven institutions of the European Union. It is one of the world's Big Four (banking)#International ...
(ECB), the four supervisors form the European Supervisory Authorities (ESA), 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 8 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 mid-term review of 2017 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

Source: * 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 Along with banks that are still considered to be an important part of the European funding for companies. credits must be a priority. *
Public equity A public company is a company whose ownership is organized via shares of stock which are intended to be freely traded on a stock exchange or in over-the-counter markets. A public (publicly traded) company can be listed on a stock exchange (li ...
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
loan In finance, a loan is the tender of money by one party to another with an agreement to pay it back. The recipient, or borrower, incurs a debt and is usually required to pay interest for the use of the money. The document evidencing the deb ...
s 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 A green economy is an economy that aims at reducing environmental risks and ecological scarcities, and that aims for sustainable development without environmental degradation, degrading the environment. It is closely related with ecological econ ...
" through
sustainable development Sustainable development is an approach to growth and Human development (economics), human development that aims to meet the needs of the present without compromising the ability of future generations to meet their own needs.United Nations General ...
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 Ageing (or aging in American English) is the process of becoming older until death. The term refers mainly to humans, many other animals, and fungi; whereas for example, bacteria, perennial plants and some simple animals are potentially biol ...
and low interest rates. * Barriers to cross-border investment are still very present in Europe. They reduced
market liquidity In business, economics or investment, market liquidity is a market's feature whereby an individual or firm can quickly purchase or sell an asset without causing a drastic change in the asset's price. Liquidity involves the trade-off between the ...
and make it harder for companies to scale up.


Actions Proposed

The mid-term review led to 9 new priority actions. The following scheme represents a general overview of what they are about and what is their scope. Further information can be found in the mid-term review communication.


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. By the time of the mid-term review of the CMU action plan, in June 2017, 20 of them were already implemented. 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


Non-legislative initiatives


Stagnation period (2017-2020)

Even though 9 new action priorities were added to the action plan in 2017, the CMU project faced 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 be 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.


New CMU Action Plan (2020 - present)

Since taking office, president
Ursula von der Leyen Ursula Gertrud von der Leyen (; ; born 8 October 1958) is a German politician, serving as president of the European Commission since 2019. She served in the Cabinet of Germany, German federal government between 2005 and 2019, holding position ...
has taken ahead the process of completing the Capital Markets Union project. Its commitment goes in line with the commission's agenda, that is highly focused on the
European Green Deal The European Green Deal, approved in 2020, is a set of policy initiatives by the European Commission with the overarching aim of making the European Union (EU) climate neutral in 2050. The plan is to review each existing law on its climate meri ...
and the Digital Economy through the Digital Single Market project. The new Action Plan consists of 16 measures aiming at achieving 3 key objectives: * support a green, digital, inclusive and resilient economic recovery by making financing more accessible to European companies; * make the EU an even safer place for individuals to save and invest long-term; * integrate national capital markets into a genuine single market. The new measures proposed are: # Proposal to set up an EU-wide platform (European single access point) providing investors with seamless access to financial and sustainability-related company information. # Simplification of the listing rules for public markets. # Review of the legislative framework for European long-term investment funds, channeling more long-term financing to companies and infrastructure projects. # Remove regulatory obstacles for insurance companies to invest long-term. In addition to that, it will seek to provide for an appropriate prudential treatment of long-term SME equity investment by banks. # Assess the merits and feasibility of introducing a requirement for banks to direct SMEs, whose credit application they have turned down, to providers of alternative funding. # Review the current regulatory framework for securitisation to enhance banks' credit provision to EU companies, especially SMEs. # Assessment for the development of a European financial competence framework. The commission will assess the possibility of requiring Member States to promote learning measures supporting financial education. # Assessment of the applicable rules in the area of inducements and disclosure possibly proposing amendments to the existing legal framework for retail investors to receive fair advice and clear and comparable product information. Finally, it will seek to improve the level of professional qualifications for advisors in the EU and assess the feasibility of setting up a pan-EU label for financial advisors. # Monitoring of pension adequacy in Member States through the development of pension dashboards. Furthermore, it aims at developing best practices for the set-up of national tracking systems for individual Europeans. It will also launch a study to analyse auto-enrolment practices and may analyse other practices to stimulate participation in occupational pension schemes. # In order to lower costs for cross-border investors and prevent tax fraud a standardised, EU-wide system for withholding tax relief at source will be proposed. # Harmonise or increase convergence in targeted areas of non-bank insolvency law. Furthermore, it will explore possibilities to enhance data reporting in order to allow for a regular assessment of the effectiveness of national loan enforcement regimes. # Introduction of an EU definition of 'shareholder' and further clarifying and harmonising rules governing the interaction between investors, intermediaries and issuers. It will also examine possible national barriers to the use of new digital technologies in this area. # Amendment to rules to improve the cross-border provision of settlement services in the EU. # Creation of an effective and comprehensive post-trade consolidated tape for equity and equity-like financial instruments. # Strengthen the investment protection and facilitation framework in the EU. # Enhancing the single rulebook for capital markets.


Final report of the Technical Expert Stakeholder Group (TESG) on SMEs - Empowering EU Capital Markets for SMEs - Making Listing Cool Again (May 2021)

In October 2020, as mandated by Regulation 2019/2115 as regards the promotion of the use of SME growth markets, the European Commission set up a Technical Expert Stakeholder Group on SMEs (TESG) that brought together relevant stakeholders with technical expertise on SMEs’ access to finance. The Group was tasked with monitoring and assessing the functioning of SME Growth Markets, as well as providing expertise and possible input on other relevant areas of SME access to public markets. Their work was finalised in May 2021 and culminated with their final report "Empowering EU capital markets - Making listing cool again" setting out 12 concrete recommendations to foster SME listing. As per action 2 of the new CMU action plan, the Commission will now thoroughly assess the proposals made by the TESG and explore possibilities to simplify listing rules for public markets, in order to facilitate and diversify small and innovative companies’ access to funding.


Criticism


Benefits to the Economy

It is said 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 The real economy concerns the production, purchase and flow of goods and services (like oil, bread and labour) within an economy. It is contrasted with the financial economy, which concerns the aspects of the economy that deal purely in transa ...
. The
Bank for International Settlements The Bank for International Settlements (BIS) is an international financial institution which is owned by member central banks. Its primary goal is to foster international monetary and financial cooperation while serving as a bank for central bank ...
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 financial crisis The 2008 financial crisis, also known as the global financial crisis (GFC), was a major worldwide financial crisis centered in the United States. The causes of the 2008 crisis included excessive speculation on housing values by both homeowners ...
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 In finance, systemic risk is the risk of collapse of an entire financial system or entire market, as opposed to the risk associated with any one individual entity, group or component of a system, that can be contained therein without harming the ...
. One of the main causes of the
2008 financial crisis The 2008 financial crisis, also known as the global financial crisis (GFC), was a major worldwide financial crisis centered in the United States. The causes of the 2008 crisis included excessive speculation on housing values by both homeowners ...
, 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 In finance, systemic risk is the risk of collapse of an entire financial system or entire market, as opposed to the risk associated with any one individual entity, group or component of a system, that can be contained therein without harming the ...
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 Basel III is the third of three Basel Accords, a framework that sets international standards and minimums for bank capital requirements, Stress test (financial), stress tests, liquidity regulations, and Leverage (finance), leverage, with the goa ...
restricted banking lending and put Capital Markets as an alternative for European business to raise funds. Capital 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 countries that the project would be beneficial, nevertheless, the support in the region was somehow limited.


SMEs

In the field of SMEs, the CMU aims at giving access to
Venture Capital Venture capital (VC) is a form of private equity financing provided by firms or funds to start-up company, startup, early-stage, and emerging companies, that have been deemed to have high growth potential or that have demonstrated high growth in ...
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 less 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 International Financial Reporting Standards, commonly called IFRS, are accounting standards issued by the IFRS Foundation and the International Accounting Standards Board (IASB). They constitute a standardised way of describing the company's fi ...
(IFRS), 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 The 2008 financial crisis, also known as the global financial crisis (GFC), was a major worldwide financial crisis centered in the United States. The causes of the 2008 crisis included excessive speculation on housing values by both homeowners ...
. 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. Th
Simple, Transparent and Standardised regulation
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 Fragmentation in a technology market happens when a market is composed of multiple highly-incompatible technologies or technology stacks, forcing prospective buyers of a single product to commit to an entire product ecosystem, rather than mainta ...
in Europe has its contradictions. Unlike the Banking union of the European 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 unlikely that efforts will be made in this field as other financial centres will compete to take London's place in the continent.


Brexit

The UK was at the forefront of the project since the beginning. The then British-appointed Commission, Jonathan 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 repair ties with the UK ahead of the Brexit referendum as it would prove to be a beneficial project for the
City of London The City of London, also known as ''the City'', is a Ceremonial counties of England, ceremonial county and Districts of England, local government district with City status in the United Kingdom, city status in England. It is the Old town, his ...
at the same time. In practice, following Brexit, the EU lost access to the UK's wholesale market which somewhat diminishes the impact of the CMU project.


See also

*
List of European Stock Exchanges In the European region, there are multiple stock exchanges among which five are considered major (as having a market cap of over US$1 trillion): *Euronext, which is a pan-European, Dutch-domiciled and France-headquartered stock exchange compo ...
*
List of Currencies in Europe There are 27 currency, currencies currently used in the List of countries in Europe#Recognised states, 50 countries of Europe. All ''de facto'' present currencies in Europe, and an incomplete list of the preceding currency, are listed here. In E ...
* Banking union of the European Union * Economic and Monetary Union *
European Central Bank The European Central Bank (ECB) is the central component of the Eurosystem and the European System of Central Banks (ESCB) as well as one of seven institutions of the European Union. It is one of the world's Big Four (banking)#International ...
*
European Investment Bank The European Investment Bank (EIB) is the European Union's investment bank and is owned by the 27 member states. It is the largest multilateral financial institution in the world. The EIB finances and invests both through equity and debt sol ...
*
European Banking Authority The European Banking Authority (EBA) is a regulatory agency of the European Union headquartered in La Défense, Île-de-France. Its activities include conducting stress tests on European banks to increase transparency in the European financi ...
*
European Securities and Markets Authority The European Securities and Markets Authority (ESMA) is an agency of the European Union located in Paris. ESMA replaced the Committee of European Securities Regulators (CESR) on 1 January 2011. It is one of three European Supervisory Authori ...
* European Insurance and Occupational Pensions Authority


Notes


References

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