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FINANCE

Schäuble warns Britain over hedge fund rules

Germany and its European partners warned Britain's new finance minister on Tuesday that if he wants to make his way in Brussels he will have to accept greater hedge fund regulation.

Schäuble warns Britain over hedge fund rules
The UK Chancellor of the Exchequer George Osborne. Photo: DPA

“I think that Britain will understand,” said German Finance Minister Wolfgang Schäuble ahead of an expected defeat for Chancellor of the Exchequer George Osborne on new European curbs for the trillion-dollar hedge fund industry, 80 percent of which in the EU is based in the City of London.

“That’s how it is in Europe. We are a union, and there are decisions that go against individual countries, but that can happen to any one country,” Schäuble said. “However, if we want Europe – and we do want Europe – then we also have to be able to take decisions. A clear majority want this law to go through and consider it necessary.”

Osborne’s entourage admitted that the new British government disagrees with key parts of the directive which would scrap the ability of funds based in the Caribbean, for example, but managed in London, to sell across Europe on the strength of British regulation alone.

However, they also say that the process is too far advanced to be stopped entirely – although diplomats noted that Osborne met Spanish finance minister and the talks’ chairwoman Elena Salgado early on Tuesday, after a vote in the European Parliament moved slightly towards Britain’s stance on giving funds a so-called “passport” to sell products across the EU.

“Probably we will have today this mandate to negotiate with parliament,” Salgado said on her arrival.

Hedge funds, highly speculative investment tools, are widely blamed for having at least contributed to the global financial crisis.

British hedge fund managers argue that the new directive will cost millions of pounds in new regulation fees and could lead to an exodus from London to Switzerland and the Middle East.

The proposed EU directive has also caused concern in the United States, with US Treasury Secretary Tim Geithner warning in March that it could trigger a major dispute by unfairly locking US funds out of European markets.

Luxembourg’s Luc Frieden said that EU counterparts “have to listen to our new British colleague and come closer” but also insisted that “we have said for months we want to regulate all financial products.”

The directive was due to be passed in March, but Osborne’s Labour predecessor Alistair Darling succeeded in putting the issue back so as to avoid a painful defeat in the run-up to the general election.

Hedge funds have seen their scope reduced since the global financial crisis, but still handled between $1.2 trillion and $1.3 trillion worldwide in 2009, compared to two trillion dollars before the crisis emerged in 2008.

The 25 chief executives of global financial heavyweights pocketed a total of $25.33 billion (€18.6 billion), doubling their earnings from 2008, according to a ranking by industry magazine AR Absolute Return+Alpha.

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BREXIT

OPINION: Pre-Brexit Brits in Europe should be given EU long-term residency

The EU has drawn up plans to make it easier for non-EU citizens to gain longterm EU residency so they can move more easily around the bloc, but Italy-based citizens' rights campaigner Clarissa Killwick says Brits who moved to the EU before Brexit are already losing out.

OPINION: Pre-Brexit Brits in Europe should be given EU long-term residency

With all the talk about the EU long-term residency permit and the proposed improvements there is no mention that UK citizens who are Withdrawal Agreement “beneficiaries” are currently being left out in the cold.

The European Commission has stated that we can hold multiple statuses including the EU long-term permit (Under a little-known EU law, third-country nationals can in theory acquire EU-wide long-term resident status if they have lived ‘legally’ in an EU country for at least five years) but in reality it is just not happening.

This effectively leaves Brits locked into their host countries while other third country nationals can enjoy some mobility rights. As yet, in Italy, it is literally a question of the computer saying no if someone tries to apply.

The lack of access to the EU long-term permit to pre-Brexit Brits is an EU-wide issue and has been flagged up to the European Commission but progress is very slow.

READ ALSO: EU government settle on rules for how non-EU citizens could move around Europe

My guess is that few UK nationals who already have permanent residency status under the Withdrawal Agreement are even aware of the extra mobility rights they could have with the EU long-term residency permit – or do not even realise they are two different things.

Perhaps there won’t be very large numbers clamouring for it but it is nothing short of discrimination not to make it accessible to British people who’ve built their lives in the EU.

They may have lost their status as EU citizens but nothing has changed concerning the contributions they make, both economically and socially.

An example of how Withdrawal Agreement Brits in Italy are losing out

My son, who has lived almost his whole life here, wanted to study in the Netherlands to improve his employment prospects.

Dutch universities grant home fees rather than international fees to holders of an EU long-term permit. The difference in fees for a Master’s, for example, is an eye-watering €18,000. He went through the application process, collecting the requisite documents, making the payments and waited many months for an appointment at the “questura”, (local immigration office).

On the day, it took some persuading before they agreed he should be able to apply but then the whole thing was stymied because the national computer system would not accept a UK national. I am in no doubt, incidentally, that had he been successful he would have had to hand in his WA  “carta di soggiorno”.

This was back in February 2022 and nothing has budged since then. In the meantime, it is a question of pay up or give up for any students in the same boat as my son. There is, in fact, a very high take up of the EU long-term permit in Italy so my son’s non-EU contemporaries do not face this barrier.

Long-term permit: The EU’s plan to make freedom of movement easier for non- EU nationals 

Completing his studies was stalled by a year until finally his Italian citizenship came through after waiting over 5 years.  I also meet working adults in Italy with the EU long-term permit who use it for work purposes, such as in Belgium and Germany, and for family reunification.  

Withdrawal agreement card should double up as EU long-term residency permit

A statement that Withdrawal Agreement beneficiaries should be able to hold multiple statuses is not that easy to find. You have to scroll quite far down the page on the European Commission’s website to find a link to an explanatory document. It has been languishing there since March 2022 but so far not proved very useful.

It has been pointed out to the Commission that the document needs to be multilingual not just in English and “branded” as an official communication from the Commission so it can be used as a stand-alone. But having an official document you can wave at the immigration authorities is going to get you nowhere if Member State governments haven’t acknowledged that WA beneficiaries can hold multiple statuses and issue clear guidance and make sure systems are modified accordingly.

I can appreciate this is no mean feat in countries where they do not usually allow multiple statuses or, even if they do, issue more than one residency card. Of course, other statuses we should be able to hold are not confined to EU long-term residency, they should include the EU Blue Card, dual nationality, family member of an EU citizen…

Personally, I do think people should be up in arms about this. The UK and EU negotiated an agreement which not only removed our freedom of movement as EU citizens, it also failed to automatically give us equal mobility rights to other third country nationals. We are now neither one thing nor the other.

It would seem the only favour the Withdrawal Agreement did us was we didn’t have to go out and come back in again! Brits who follow us, fortunate enough to get a visa, may well pip us at the post being able to apply for EU long-term residency as clearly defined non-EU citizens.

I have been bringing this issue to the attention of the embassy in Rome, FCDO and the European Commission for three years now. I hope we will see some movement soon.

Finally, there should be no dragging of heels assuming we will all take citizenship of our host countries. Actually, we shouldn’t have to, my son was fortunate, even though it took a long time. Others may not meet the requirements or wish to give up their UK citizenship in countries which do not permit dual nationality.  

Bureaucratic challenges may seem almost insurmountable but why not simply allow our Withdrawal Agreement permanent card to double up as the EU long-term residency permit.

Clarissa Killwick,

Since 2016, Clarissa has been a citizens’ rights campaigner and advocate with the pan-European group, Brexpats – Hear Our Voice.
She is co-founder and co-admin of the FB group in Italy, Beyond Brexit – UK citizens in Italy.

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