The
new rules, which were proposed last December by Günther Oettinger, the
energy commissioner, reflect concern in Brussels that the opaque and
lightly regulated markets could be marred by insider trading and other
forms of manipulation.
The volume of power traded in the EU nearly tripled between 2000 and
2009, thanks in part to a series of liberalisation packages that have
sought to open up the continent’s gas and electricity networks to
greater competition.
In addition to large energy companies, such as Germany’s RWE and France’s EDF, investment banks such as Morgan Stanley have also become active in the power markets.
Mr Oettinger and his staff became concerned that greater oversight
was necessary because three-quarters of EU energy trading is conducted
over the counter, as opposed to passing through exchanges, giving
authorities little insight into the activity.
Their worries deepened after reviewing a high-profile scandal in the US involving the Amaranth Advisors
hedge fund,
which collapsed in 2006 after losing more than $5bn by betting on
natural gas futures. The Federal Energy Regulatory Committee
subsequently accused one of the firm’s traders of trying to manipulate
NYMEX prices in order to benefit its swap positions on other exchanges.
Commission officials say they were not convinced that they would have
been able to detect a similar case – or even if it would have been
illegal in Europe. At present, many power and gas contracts are not
covered by the EU’s existing legislation governing financial
instruments, including the market abuse directive, and the markets in
financial instruments directive, or MiFid.
The new rules are supposed to improve transparency by ensuring that
national regulators receive transaction information – whether trades are
conducted through exchanges or over the counter. Although the data will
be handed to national regulators, European authorities will be able to
access them in order to form a fuller picture of the continent’s
trading.
Mr Oettinger called the rules “a huge step forward” that would
improve market transparency. “It will build confidence in the market and
will contribute to fair energy prices for consumers and businesses,” he
said.
source ft.com