12 Amendments of Burkhard BALZ related to 2015/0268(COD)
Amendment 430 #
Proposal for a regulation
Article 7 – paragraph 8 a (new)
Article 7 – paragraph 8 a (new)
8a. In the event that a registration document or a universal registration document approved by the competent authority of a Member State different from the competent authority approving the securities note and the summary pursuant to Article 10(3), and notified to that competent authority pursuant to Article 24(5a), is used to draw up a prospectus consisting of separate documents, the abstract of the registration document or universal registration document shall be reproduced in the summary, subject to the language requirements set out in Article 25, thereby satisfying the information requirement of point (b) of paragraph 4. In that case, the introduction of the summary shall contain the identity and contact details of both home competent authorities and indicate which part of the prospectus was approved by which competent authority. The elements of the summary reproduced from the abstract shall not be subject to scrutiny by the competent authority approving the securities note and the summary.
Amendment 433 #
Proposal for a regulation
Article 7 – paragraph 10
Article 7 – paragraph 10
10. The prospectus summary shall not contain cross- references to other parts of the prospectus or incorporate information by reference.
Amendment 452 #
Proposal for a regulation
Article 10 – paragraph 2 a (new)
Article 10 – paragraph 2 a (new)
2a. The separate approval of the securities note and the summary referred to in paragraphs 1 and 2 may be granted by the competent authority of a home Member State different from that where the registration document or universal registration document has been approved. In such a case, the registration document or universal registration document shall be subject to the language requirements set out in Article 25(3) and shall contain an abstract which covers the elements according to Article 7(6). Each authority shall remain competent solely for the respective documents approved by it, including with regard to any possible supplements thereto. In the event that a supplement to the registration document or universal registration document concerns information contained in the abstract, the supplement to the summary, if applicable, shall be identical in that respect and be deemed approved insofar as the supplement to the registration document or universal registration document has been approved.
Amendment 515 #
Proposal for a regulation
Article 19 – paragraph 1
Article 19 – paragraph 1
1. No prospectus shall be published until it has, or all of its constituent parts, have been approved by the competent authority of the respective home Member State.
Amendment 555 #
Proposal for a regulation
Article 23 – paragraph 1 a (new)
Article 23 – paragraph 1 a (new)
1a. Provided that ESMA and the competent authority of the home Member State with respect to a constituent part of a prospectus are notified in accordance with Article 24(5a), the competent authority of the home Member State with respect to that constituent part of a prospectus shall not undertake any approval or administrative procedures relating to the other constituent part which has already been approved by a another competent authority.
Amendment 564 #
Proposal for a regulation
Article 24 – paragraph 5 a (new)
Article 24 – paragraph 5 a (new)
5a. Paragraphs 1 to 3 and 5 of this Article shall also apply to the constituent parts of a prospectus, in particular a registration document or universal registration document.
Amendment 565 #
Proposal for a regulation
Article 24 – paragraph 6 – subparagraph 1
Article 24 – paragraph 6 – subparagraph 1
In order to ensure uniform conditions of application of this Regulation and to take account of technical developments on financial markets, ESMA may develop draft implementing technical standards to establish standard forms, templates and procedures for the notification of the certificate of approval, the prospectus, its constituent parts, the supplement of the prospectus, or its constituent parts, and the translation of the prospectus and/or summary.
Amendment 579 #
Proposal for a regulation
Article 26 – paragraph 2
Article 26 – paragraph 2
2. The third country issuer shall designate a representative established in its home Member State, among the entities which are subject to and supervised under EU financial services regulation, on the basis of an authorisation. The third country issuer shall notify the competent authority of the identity and contact details of its representative.
Amendment 585 #
Proposal for a regulation
Article 26 – paragraph 3
Article 26 – paragraph 3
3. The representative shall be the contact point of the third country issuer in the Union for the purposes of this Regulation, through which any official correspondence with the competent authority shall take place. The representative shall, together with the third country issuer, be responsible for ensuring compliance of the prospectus with the requirements of this Regulation, in accordance with Chapters VII and VIII of this Regulation, towards the competent authority of the home Member State, including correspondence relating to the enforcement of this Regulation.
Amendment 636 #
Proposal for a regulation
Article 42 – paragraph 2
Article 42 – paragraph 2
2. The delegation of power referred to in Article 1(5) and (6), Article 2(2), Article 9(14), Article 13(1) and (2), Article 14(3), Article 15(3), Article 17(5), Article 19(10), Article 21(6) and Article 27(3) shall be conferred on the Commission for an indeterminate period of time from [enter date of entry into force]. The first adoption of the delegated acts shall be completed within 18 months after the date of entry into force of this Regulation.
Amendment 645 #
Proposal for a regulation
Article 47 – paragraph 2
Article 47 – paragraph 2
2. It shall apply from [enter date 12 months after entry into force]six months from the first date of entry into force of the delegated acts and regulatory technical standards adopted under Articles 9, 13, 14, 15 and 16.
Amendment 649 #
Proposal for a regulation
Article 47 – paragraph 3 – subparagraph 1
Article 47 – paragraph 3 – subparagraph 1
Member States shall take the necessary measures to comply with Article 11, Article 19(8), Article 29, Article 30, Article 36, Article 37, Article 38, Article 39, Article 40, and Article 41 by [enter date 12 months after entry into force]the date referred to in paragraph 2.