* ESMA finds poor confidentiality controls at agencies
* ESMA may take enforcement action
By Huw Jones
LONDON, Dec 2 (Reuters) - The “Big Three” credit rating agencies that score European Union government debt could be fined after failing to fix poor practices from the past, the sector’s regulator said on Monday.
Credit ratings are a key part of the financial system because investors use them to judge how likely they are to get their money back. But the financial crisis led to unease that the market is relying on them too much.
The European Securities and Markets Authority (ESMA) published on Monday results of its investigation into how Moody‘s, Standard & Poor’s and Fitch compiled ratings on sovereign bonds between February and October this year.
It criticised delays in the publication of ratings changes and poor confidentiality controls at the agencies.
Sovereign ratings became politically charged at the height of the euro zone crisis when S&P infuriated Greece in 2011 by cutting the rating of its debt while the country’s EU bailout was being renegotiated.
This led to the third of three EU laws to regulate rating agencies in as many years. From next month, the agencies can only release changes to sovereign ratings according to a pre-set calendar to improve transparency.
“ESMA’s investigation revealed shortcomings in the sovereign ratings process which could pose risks to the quality, independence and integrity of the ratings and of the rating process,” ESMA Chairman Steven Maijoor told reporters.
“They should speed up their processes and make sure they get their house in order.”
ESMA won’t assess the actual ratings themselves.
The three agencies will have to carry out “remedial plans” to ensure full compliance with EU law and to eradicate inadequate practices form the past, Maijoor said.
ESMA has not determined yet if any rules have been broken and so whether fines might be appropriate, but its officials are looking into possible action based on a prior report.
ESMA said the failings might compromise the independence of the ratings process, such as senior management or even board members driving ratings changes rather than an agency’s lead analyst, raising concerns about possible commercial incentives.
It was also looking further into how an upcoming rating change was disclosed to an unauthorised third party before being released to the market.
The watchdog also found poor controls around the use of external communication consultants.
The investigation was partly prompted by rumours in the market ahead of rating changes, causing volatility.
In some cases, ESMA uncovered delays to publication of more than five days after the rating decision was taken, and in one case the delay stretched to two weeks.
Ratings must be published in timely manner after giving the issuer at least 24 hours to challenge any errors.
Agencies were also assigning lead analyst responsibilities to junior or newly hired staff, ESMA said.
But its report, its third so far into the sector, also found good practices such as more challenge to the rating recommendation made by the lead analyst.
In March, ESMA criticised the Big Three agencies for a lack of transparency over how they evaluate banks and demanded more robust internal reviews of their methods.
Maijoor said it was not surprising that deficiencies had been uncovered as the sector moves from being nearly unregulated to being heavily supervised.