ISDA®                  

INTERNATIONAL SWAPS AND DERIVATIVES ASSOCIATION

NEWS RELEASE

 

For Immediate Release Monday, June 17, 2002

For More Information, Please Contact:

Stacy Carey, ISDA New York, (212) 901-6000; Fax (212) 901-6001; scarey@isda.org

 

INVESTMENT SERVICES DIRECTIVE REQUIRES FURTHER MODIFICATION ACCORDING TO ISDA

 

NEW YORK, Monday, June 17, 2002 - The International Swaps and Derivatives Association (ISDA) recently issued comments responding to the European Commission’s second consultation paper on proposed adjustments to the Investment Services Directive (ISD).  The full text of ISDA’s response is available on ISDA’s web site:  www.isda.org.

 

“ISDA has supported limited revision to the ISD,” said Mark Harding, Chairman of ISDA’s European Regulatory Committee and Partner, Clifford Chance. “The Commission’s new proposal would involve an overly extensive revision of the existing ISD,” said Harding.

 

Key points outlined in ISDA’s response include:

 

·         Supporting the right of firms to choose between authorization as a regulated market or as an investment firm and for the proposed abolition of the concentration rule

 

·         Raising concern about the assumption apparently underlying much of the Consultation Paper that functionally equivalent activity needs to be regulated in identical fashion no matter who undertakes the activity

 

·         Highlighting the Consultation Paper’s failure to justify the extension of pre-trade transparency requirements, in particular to so-called “internalisers” or to ATSs that are used wholly by professional users or that do not have a significant volume of cash equity trading

 

·         Advocating that, for commodity derivatives, the best approach would be to concentrate on the removal of barriers to business rather than imposing a licensing requirement.

 

“While we have raised a number of concerns we are, nevertheless, encouraged by many of the changes made since the first consultation document,” said Robert Pickel, Executive Director and CEO of ISDA. “ISDA looks forward to working with the Commission to assure that the ISD strikes an appropriate regulatory balance reflecting the Lamfalussy approach that directives operate as a framework.”

 

ISDA is the global trade association representing leading participants in the privately negotiated derivatives industry.  ISDA was chartered in 1985, and today has more than 575 member institutions from 44 countries on six continents. These members include most of the world's major institutions that deal in privately negotiated derivatives, as well as many of the businesses, governmental entities and other end users that rely on over-the-counter derivatives to manage efficiently the financial market risks inherent in their core economic activities. Information about ISDA and its activities is available on the Association's web site: www.isda.org 

 

®ISDA is a registered trademark of the International Swaps & Derivatives Association, Inc.

 

 

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