The ECB said it supported â??the intention to provide a harmonised regulatory and supervisory frameworkâ?� for alternative investment fund managers in the European Union. But it urged the Commission â??to continue the dialogue with its international partners, in particular the US, to ensure a globally coherent regulatory and supervisory frameworkâ?�.
In a legal opinion published on its website, the ECB warned that funds could simply shop around to find a country where the policing of the sector was less stringent. â??An internationally co-ordinated response is necessary given the highly international nature of the industry and the consequent risks of regulatory arbitrage and evasion,â?� it said.
It also warned that some of the provisions of the proposed legislation â?? for instance on so-called â??short sellingâ?� â?? could unfairly penalise hedge and private equity funds unless they were applied across the financial services sector.
The opposition voiced by the Frankfurt-based ECB,is likely to be seized upon by the alternative investment fund sector â?? and influence the extensive re-writing of the proposals that is already under way.





