The European Commission can Contract Debt on behalf of the whole of the EU!!

I am godsmacked by my own ignorance! I had no idea about this but apparently the European Commission has been able to contract debt on behalf of all of its member states since 1988. This is heavily regulated, but has been brought forward as a reform channel now that the EU needs to set up an emergency fund to calm down the markets.

I came across it on this article by Mr Anthony Barber from the FT.

After researching a bit, these are the relevant sources that I found:

The relevant press release, which among other things gives info on the debt:

"The EC has carried out three euro bond issues since last year to finance a first instalment of €2 billion for Hungary (disbursed early December 2008), a second instalment also to Hungary and also of €2 billion (disbursed late March) as well as a first instalment of €1 billion to Latvia (paid in February). The last issue, placed on 17 March and due on 7 November 2014 (5-year maturity), was priced 3.25%."(implemented to help Hungary and Latvia).

Council Regulation (EC) No 332/2002 of 18 February 2002 reforming the original 1988 regulation, forbiding its application to the Eurozone countries but allowing its use to non €zone countries. Also extending the fund to 25 Billion.

The original Council Regulation (EEC) No 1969/88 of 24 June 1988 establishing a single facility providing medium-term financial assistance for Member States' balances of payments.

More details on the implications soon to come, but for the time being I can think of this:

If the finance ministers intend to use this debt facility as a channel for dealing with and calming debt markets, then they will face 1 obvious hurdle and 2 potential problems. The obvious problem is that the regulation is very clear. This debt facility only applies to NON EUROZONE countries. At the very least they will have to pass another regulation by the end of the night in order to get it to also apply to Eurozone countries. Then there's the fact that I haven't et checked whether there's anything written about it in the Maastricht, Amsterdam, Nice or Lisbon treaty, that also specifies the scope of this regulation. If so it is an enormous problem, tantamount to requiring EU constitutional reform, which takes ages. Finally it is possible that the ECB may play a role in this and as such it would be interesting to see what obstacles it would pose to the expansion of this subreptitious European Monetary/Debt Fund.