I. TIME TO TAKE STOCK ON THE MARKETS: THE FINANCIAL SERVICES ACTION PLAN CONCLUDES AS THE COMPANY LAW ACTION PLAN ROLLS OUT

Author:

Moloney Niamh

Abstract

The European Union's 1999 Financial Services Action Plan (the FSAP), an ambitious reform agenda of forty-two measures, was designed to provide the regulatory underpinning for a single deep and liquid capital market, in which pan-EU market actors are regulated by their home Member State under harmonized rules. This single capital market would lower the cost of capital, unlock funding sources for companies, and increase returns on savings, while widening choice and stimulating competition in the pan-EU financial services industry. After a surge of legislative activity over the last months of 2003 and through early 2004, the FSAP is on track for timely completion in mid-2004, as called for by the March 2003 Brussels European Council. The closing of the current session of the European Parliament in spring 2004, combined with a sharp political focus on the financial markets post-Enron and in the wake of Parmalat, has concentrated EU attention both inter-institutionally and in the market place on delivery of the outstanding measures.1 With the adoption of the cornerstone Financial Instruments Markets Directive in April 2004, the FSAP is now, in large part, complete. Implementation should be achieved across the EU by 2006.

Publisher

Cambridge University Press (CUP)

Subject

Law,Political Science and International Relations

Reference56 articles.

1. One official has been reported as saying that: ‘We are giving [the issues] of rotation and independence serious consideration because they are pertinent issues, particularly in the light of Parmalat’, D Dombey and A Parker ‘EU Audit Changes Proposed After Parmalat Scandal’ Financial Times 3 Feb 2004 at 1. Other Parmalat-provoked reforms include the requirement that the group auditor takes responsibility for the audit report on the consolidated accounts of a group of companies, although the proposal is defended as ‘not a knee jerk reaction to recent corporate scandals’. Explanatory Memorandum to the Proposal, above n 56 at 2.

2. COM (2004) 177.

3. Reinforcing the Statutory Audit in the EU COM (2003) 286 (OJ 2003 C236/2).

4. ‘There is little indication that the development of a European corporate governance code as an additional layer between principles adopted at the international level and codes adopted at national level would offer significant added value.’ CLAP, above n 48 at 12. There is a striking move across the Member States to adopt corporate governance best practices codes. The UK's Combined Code is long established and has been joined by, eg, the Dutch Corporate Governance Code (2003), the French Consolidated Corporate Governance Code (2003, based on reports published in 1995, 1999, and 2002) and the German Corporate Governance Code (2002).

5. Directive 77/91 OJ 1977 L26/1.

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