UPDATE 1-EU set to ban “naked” sovereign CDS - sources
* UK alone against banning deal - sources* EU watchdog ESMA set to get banning powers* News conference called for 1730 GMTBRUSSELS, Oct 18 (Reuters) - The European Union will ban
“naked” or uncovered credit default swaps (CDS) to curb what
some policymakers see as hedge funds bets on the euro zone
crisis, two EU sources said on Tuesday.The measure has been deadlocked for months because of a
split between the European Parliament and EU states, who have
joint say. Both sides meet on Tuesday afternoon with a news
conference scheduled for 1730 GMT.”The final point of negotiation relates to the ban on naked
sovereign credit default swaps (CDS), those used for a purely
speculative aim,” said Pascal Canfin, the French Green Party
member who is leading the parliamentary team.Parliament has already voted to ban CDS contracts, a form of
insurance against default, where the holder does not own any of
the underlying government debt being insured.But European Union states have said this is a step too far
and proposed curbing short-selling of the government debt
itself, and only if the country in question agrees.Two sources familiar with the negotiations said a compromise
has been reached to ban naked sovereign credit default swaps but
allow individual EU states to opt out if they think their
sovereign debt market risks being damaged.”The negotiations will be on the fine tuning, the exact
scope of the ban and the conditions of the opt out,” one of the
sources said on condition of anonymity.Member states would be able to opt out on the first signs
their debt market was not working properly, with Britain alone
in saying this was still too restrictive, a second EU source
said.Policymakers accused hedge funds last year of using CDS
contracts to bet on a Greek default, a step they said made it
more expensive for the EU to rescue Greece. It prompted French
President Nicolas Sarkozy and German Chancellor Angela Merkel to
call for the draft law.But a study for the European Parliament said a ban on naked
CDS would have “detrimental effects on liquidity and the price
discovery process of credit risk”.Hedge funds say the CDS market is too small to manipulate
the far bigger sovereign debt market and that government bond
prices have tumbled in Greece and elsewhere in the euro zone
because of investor worries over the level of public debt.DISCLOSURESThe measure aims to avoid a repeat of confusing unilateral
national curbs on short-selling in financial shares in 2008
after the collapse of U.S. bank Lehman Brothers.Italy, Spain, France, Belgium and Greece reintroduced
short-selling curbs this summer while other EU states like
Britain refused to join in.Such curbs are disputed by exchanges and some academics, and
failed this summer to stop a rout in French banking shares as
the euro zone crisis sent investors scurrying.The European Securities and Markets Authority would have
powers to override national supervisors and impose temporary
pan-EU share short-selling bans in times of market turmoil.The new law will also impose reporting requirements on short
positions in shares and sovereign debt.Shorting stocks would only be allowed if prior arrangements
have been made to borrow the stock to ensure prompt settlement
of trades or that there is reasonable certainty the stock will
be available.