The naked short sales should be totally banned in Europe, says a report in the European Parliament, which argues for greater transparency with respect to these practices for regulators who are accused of being one of the causes of the crisis Financial.
According to the report by French MEP of the Greens Canfin Pascal, which Reuters obtained a copy, this prohibition must cover all financial instruments, including those related to sovereign debt.
"Short selling and naked short sales can lead to overshooting in the fall of a current and decoupling with the fundamental market value.These risks are increased by the fact that these short positions can be taken with limited capital, "said the report should be a first discussion on December 13.
"Accordingly, these practices have increased the leverage used in the financial system, one of the universally accepted causes of the financial crisis", is it still indicated.
The text aims to provide a common European framework for not to relive a situation where a national regulator prohibits this type of activity without any coordination with its neighbors, as was the case during the height of the crisis in the fall 2008 or in May when Germany decided to oversee operations on sovereign debt.
"The lack of a common European legislation has had a negative impact on the effectiveness of measures taken and the performance of the domestic market because the decisions taken by the Member States have not been coordinated or harmonized," says the report.
EXEMPTION FOR THE UNITED STATES
If it takes up much of the proposals by mid-September the European Commission, Pascal Canfin proposes however to go further on the regulation of naked short sales.
He advocates a permanent ban on this practice, including the instruments relating to sovereign debt, and a ban on CDS (Credit Default Swaps) strip, consisting in having insurance on a credit instrument without holding the credit .
Other measures include the reporting of short positions in relevant regulators at the end of each day's trading and repurchase / securities borrowing mandatory four days after the operation.
These measures would apply to both regulated markets and for transactions over the counter and investors from third countries would be affected the same way as their European counterparts.
However, exemptions are provided for the United States, which already have similar rules, and some traders or institutions that play a central role in the market (market makers or "market makers").
ESMA, the new supervisor of European markets, would be granted powers of coordination and definition of new rules, but national supervisors are the front line and retain the power to regulate this practice on their territory.
The Esma, however, could intervene in cases of emergency or acute crisis to restrict and prohibit this practice throughout the territory of Twenty-Seven uniformly.
The text, which is supported by an informal group of the European People's Party of Socialists and Democrats and the Greens could be adopted in committee in February with little change.
An agreement will then be reached with the EU Member States, which discussions are likely to continue until the summer when Britain, the Netherlands and the Scandinavian countries or Eastern Europe East reluctant to legislate on this issue.