+CHAPTER X TRANSITIONAL AND FINAL PROVISIONS
---+Article 56 Exercise of the delegation
------+Article 56 1.
------+Article 56 2.
------+Article 56 3.
---+Article 57 Revocation of the delegation
------+Article 57 1.
------+Article 57 2.
------+Article 57 3.
---+Article 58 Objections to delegated acts
------+Article 58 1.
------+Article 58 2.
------+Article 58 3.
---+Article 59 Implementing measures
------+Article 59 1.
------+Article 59 2.
---+Article 60 Disclosure of derogations
---+Article 61 Transitional provisions
------+Article 61 1.
------+Article 61 2.
------+Article 61 3.
------+Article 61 4.
------+Article 61 6.
---+Article 63 Amendments to Directive 2009/65/EC
---+Article 64 Amendment to Regulation (EC) No 1060/2009
---+Article 65 Amendment to Regulation (EU) No 1095/2010
---+Article 66 Transposition
------+Article 66 1.
------+Article 66 2.
------+Article 66 3.
------+Article 66 4.
------+Article 66 5.
------+Article 66 6.
---+Article 67 Delegated act on the application of Article 35 and Articles 37 to 41
------+Article 67 1.
------+Article 67 2.
------+Article 67 3.
------+Article 67 4.
------+Article 67 5.
------+Article 67 6.
------+Article 67 7.
---+Article 68 Delegated act on the termination of the application of Articles 36 and 42
------+Article 68 1.
------+Article 68 2.
------+Article 68 3.
------+Article 68 4.
------+Article 68 5.
------+Article 68 6.
------+Article 68 7.
---+Article 69 Review
------+Article 69 1.
------+Article 69 2.
------+Article 69 3.
------+Article 69 4.
---+Article 69a Assessment of the passport regime
---+Article 69-a Other review
------+Article 69-a 1.
------+Article 69-a 2.
------+Article 69-a 3.
------+Article 69-a 4.
---+Article 69b Accessibility of information on the European single access point
---+Article 70 Entry into force
---+Article 71 Addressees
|
CHAPTER X TRANSITIONAL AND FINAL PROVISIONS
CHAPTER X TRANSITIONAL AND FINAL PROVISIONS
1. Panoramica
| Titolo |
Regolamentazione |
|
Article 56 Exercise of the delegation
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|
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Article 57 Revocation of the delegation
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Article 58 Objections to delegated acts
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|
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Article 59 Implementing measures
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|
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Article 60 Disclosure of derogations
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Article 60
Disclosure of derogations
Where a Member State makes use of a derogation or option provided by Article 6 or 9, Article 15(4g) or Article 21, 22, 28 or 43, it shall inform the Commission thereof as well as of any subsequent changes. The Commission shall make the information public on a website or by other easily accessible means.
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Article 61 Transitional provisions
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Article 63 Amendments to Directive 2009/65/EC
|
Article 63
Amendments to Directive 2009/65/EC
Directive 2009/65/EC is amended as follows:
(1)
the following Article is inserted:
‘Article 50a
In order to ensure cross-sectoral consistency and to remove misalignment between the interest of firms that repackage loans into tradable securities and other financial instruments (originators) and UCITS that invest in those securities or other financial instruments, the Commission shall adopt, by means of delegated acts in accordance with Article 112a and subject to conditions of Articles 112b and 112c, measures laying down the requirements in the following areas:
(a)
the requirements that need to be met by the originator in order for a UCITS to be allowed to invest in securities or other financial instruments of this type issued after 1 January 2011, including requirements that ensure that the originator retains a net economic interest of not less than 5 %;
(b)
qualitative requirements that must be met by UCITS which invest in those securities or other financial instruments.’;
(2)
Article 112(2) is replaced by the following:
‘2.
The power to adopt the delegated acts referred to in Articles 12, 14, 23, 33, 43, 51, 60, 61, 62, 64, 75, 78, 81, 95 and 111 shall be conferred on the Commission for a period of 4 years from 4 January 2011. The power to adopt the delegated acts referred to in Article 50a shall be conferred on the Commission for a period of 4 years from 21 July 2011. The Commission shall draw up a report in respect of delegated powers at the latest 6 months before the end of the 4-year period. The delegation of power shall be automatically extended for periods of an identical duration, unless the European Parliament or the Council revokes them in accordance with Article 112a.’;
(3)
Article 112a(1) is replaced by the following:
‘1.
The delegation of power referred to in Articles 12, 14, 23, 33, 43, 50a, 51, 60, 61, 62, 64, 75, 78, 81, 95 and 111 may be revoked at any time by the European Parliament or by the Council.’.
|
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Article 64 Amendment to Regulation (EC) No 1060/2009
|
Article 64
Amendment to Regulation (EC) No 1060/2009
In Regulation (EC) No 1060/2009, the first paragraph of Article 4(1) is replaced by the following:
‘1.
Credit institutions as defined in Directive 2006/48/EC, investment firms as defined in Directive 2004/39/EC, insurance undertakings subject to the First Council Directive 73/239/EEC of 24 July 1973 on the coordination of laws, regulations and administrative provisions relating to the take-up and pursuit of the business of direct insurance other than life assurance (
*1
), assurance undertakings as defined in Directive 2002/83/EC of the European Parliament and of the Council of 5 November 2002 concerning life assurance (
*2
), reinsurance undertakings as defined in Directive 2005/68/EC of the European Parliament and of the Council of 16 November 2005 on reinsurance (
*3
), UCITS as defined in Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (
*4
), institutions for occupational retirement provision as defined in Directive 2003/41/EC and alternative investment funds as defined in Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers (
*5
) may use credit ratings for regulatory purposes only if they are issued by credit rating agencies established in the Union and registered in accordance with this Regulation.
|
|
Article 65 Amendment to Regulation (EU) No 1095/2010
|
Article 65
Amendment to Regulation (EU) No 1095/2010
In Article 1(2) of Regulation (EU) No 1095/2010, the words ‘any future legislation in the area of Alternative Investment Fund Managers (AIFM)’ are replaced by the words ‘Directive 2011/61/EU of the European Parliament and of the Council of 8 June 2011 on Alternative Investment Fund Managers (
*6
)
|
|
Article 66 Transposition
|
|
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Article 67 Delegated act on the application of Article 35 and Articles 37 to 41
|
|
|
Article 68 Delegated act on the termination of the application of Articles 36 and 42
|
|
|
Article 69 Review
|
|
|
Article 69a Assessment of the passport regime
|
Article 69a
Assessment of the passport regime
Before the entry into force of the delegated acts referred to in Article 67(6) pursuant to which the rules set out in Article 35 and Articles 37 to 41 become applicable, the Commission shall submit a report to the European Parliament and to the Council, taking into account the result of an assessment of the passport regime provided in this Directive including the extension of that regime to non-EU AIFMs. That report shall be accompanied, where appropriate, by a legislative proposal.
|
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Article 69-a Other review
|
|
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Article 69b Accessibility of information on the European single access point
|
Article 69b
Accessibility of information on the European single access point
From 10 January 2030, the information referred to in Article 7(5), second subparagraph, of this Directive shall be made accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (
32
). For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be ESMA.
That information shall comply with the following requirements:
(a)
be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859;
(b)
be accompanied by the following metadata:
(i)
all the names of the AIFM authorised under this Directive and the list of AIFs managed or marketed by that AIFM to which the information relates;
(ii)
where available, the legal entity identifier of the AIFM authorised under this Directive and the list of AIFs managed or marketed by that AIFM, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;
(iii)
the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;
(iv)
an indication of whether the information contains personal data.
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Article 70 Entry into force
|
Article 70
This Directive shall enter into force on the 20th day following its publication in the Official Journal of the European Union.
|
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Article 71 Addressees
|
Article 71
This Directive is addressed to the Member States.
|
,
1.1 Riferimenti
1.2 Requisiti identificati
1.3 Standard correlati
2. Requisiti identificati
Requisiti
| Fonte |
Requisito |
3. Standard correlati
|