European Policy Analysis Volume 2, Number 1, Spring 2016 | Page 39

European Policy Analysis - Volume 2, Number 1 - Spring 2016 Second Tier, Second Thoughts—Why it Turns out to be so Difficult for EIOPA to Create a Single Market for Private Pensions Frieder WolfA & Georg WenzelburgerB In the context of the completion of the common financial market and historically low real interest rates, the recently founded European Insurance and Occupational Pensions Authority (EIOPA) has been assigned the task to develop a regulatory “2nd regime” for private pensions. Issuing a detailed discussion paper, EIOPA invited feedback from stakeholders and received more than 1,300 comments. Based on an analysis of these positions, our paper examines arguments justifying or criticizing the creation of such a single market and on the—sometimes surprising—emergent advocacy coalitions. Unlocking potential economies of scale is attractive to certain large providers; yet it is hindered by member states’ widely differing tax rules and raises various distributional questions. Furthermore, we assess EIOPA’s own emerging position vis-à-vis both the Commission and national regulators, especially its strategic shift toward consumer protection. 2nd regime regulation as one of EIOPA’s first and foremost tasks proves formative regarding its institutional role perception and the legitimacy of its activities. Keywords: private pensions, EIOPA, common financial market, 2ndregime, European social policy 1. Introduction as advertised, and their administrative costs have been identified by the German government (Bundesministerium für Arbeit und Soziales 2014) as a major target in the most recent National Social Report (which is part of the EU’s open method of co-ordination). In this context, the newly founded European Insurance and Occupational Pensions Authority (EIOPA) has been assigned the task to develop a regulatory “2nd tier,” also L ow real interest rates, apparently here to stay for quite a while in the context of the euro crisis, challenge European Union (EU) member states’ pension policies regarding both their central aims: avoiding poverty among the elderly and maintaining their living standards. Occupational and personal pension plans are unlikely to perform A B University of Heidelberg/Germany University of Kaiserslautern/Germany doi: 10.18278/epa.2.1.5 39