Previously the European Parliament and the Council have asked the European Commission to review and report on a broad range of regulatory issues associated with the commodity and exotic derivatives business. On 8 December 2006 the Commission issued a Call for Evidence on the review of commodity and exotic derivatives and related business as required by the Markets in Financial Instruments Directive and the recast Capital Adequacy Directive. The purpose of the Call for Evidence was to present, and seek feedback on, the report in terms of the methodology and scope, the sources of data and the other modalities of the report.
On 14 August 2007 the Commission published a summary of the responses it had received to the Call for Evidence. About two thirds of respondents believed that there are or may be problems emerging from the current structure and nature of the EU regulatory framework related to commodity or exotic derivatives. A third of those respondents felt that the problem was uneven implementation by Member States of Directives particularly in relation to scope and the application of exemptions.