Prospectus (Directive 2003/71/EC) (Amendment) (No. 2) Regulations 2012.
Statutory Instruments
Source: Statutory Instruments

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paragraphs: These Regulations may be cited as the Prospectus (Directive 2003/71/EC) (Amendment) (No. 2) Regulations 2012.
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paragraphs: The Prospectus (Directive 2003/71/EC) Regulations 2005 ( S.I. No. 324 of 2005 ) are amended—
(a) in Regulation 1, in paragraph (3), by deleting “1963 to 2005”,
(b) in Regulation 2—
(i) by inserting the following definitions:
“ ‘Directive 2010/78/EU’ means Directive 2010/78/EU of the European Parliament and of the Council of 24 November 20102;”,
“ ‘European Securities and Markets Authority’ means the body established pursuant to Regulation (EU) No. 1095/2010;”, and
“ ‘Regulation (EU) No. 1095/2010’ means Regulation (EU) No. 1095/2010 of the European Parliament and of the Council of 24 November 20044 ;”,
(ii) by substituting for the definition of “Directive” the following definition:
“ ‘Directive’ means Directive 2003/71/EC of the European Parliament and of the Council of 4 November 20031 as amended by Directive 2010/78/EU and by Directive 2010/73/EU of the European Parliament and of the Council of 24 November 20103 ;”,
(c) in Regulation 35, by inserting after paragraph (2) the following paragraph:
“(2A) The Bank shall notify the European Securities and Markets Authority of the approval of the prospectus and any supplement thereto at the same time as that approval is notified to the applicant. The Bank shall at the same time provide the European Securities and Markets Authority with a copy of the prospectus and any supplement thereto.”,
(d) in Regulation 40—
(i) in paragraph (1), by substituting “The Bank may, subject to the prior notification to the European Securities and Markets Authority and” for “The Bank may,” and
(ii) by inserting after paragraph (2) the following paragraph:
“(3) Article 28(4) of Regulation (EU) No. 1095/2010 shall not apply to the transfer of the approval of the prospectus in accordance with this Regulation.”,
(e) in Regulation 44, by inserting after paragraph (3) the following paragraph:
“(4) The Bank shall make accessible to the European Securities and Markets Authority any prospectus filed in accordance with subparagraph (a) of paragraph (1) of Regulation 38.”,
(f) in Regulation 51, in paragraph (5), by substituting “the European Securities and Markets Authority or the competent authority” for “the competent authority”,
(g) in Regulation 54, by inserting after paragraph (3) the following paragraph:
“(4) The Bank shall publish on its website a list of certificates of approval of prospectuses and any supplements thereto, which are notified to it by the competent authority of a Home Member State in accordance with Article 18(1) of the Directive or EU Prospectus Law, including, if applicable, a hyperlink to those documents published on the website of the competent authority of the Home Member State, on the website of the issuer, or on the website of the regulated market. The Bank shall keep the published list up-to-date and retain each item on the list for a period of at least 12 months.”,
(h) in Regulation 56, by inserting after paragraph (2) the following paragraph:
“(2A) In complying with a request under paragraph (1), the Bank shall also provide to the European Securities and Markets Authority a copy of the certificate referred to in Regulation 57 and a copy of the prospectus.”,
(i) in Regulation 61, by inserting after paragraph (4) the following paragraph:
“(5) The Bank may refer to the European Securities and Markets Authority situations where a request for cooperation under this Regulation, in particular to exchange information, has been rejected or has not been acted upon within a reasonable time.”,
(j) in Regulation 78—
(i) by inserting after paragraph (1) the following paragraphs:
“(1A) The Bank shall cooperate with the European Securities and Markets Authority for the purposes of the Directive, in accordance with Regulation (EU) No. 1095/2010.
(1B) The Bank shall without delay provide the European Securities and Markets Authority with all information necessary to carry out its duties, in accordance with Article 35 of Regulation (EU) No. 1095/2010.”,
(ii) in paragraph (2), by substituting “Other than in order to meet its obligations under paragraph (1A) or (1B) above, the Bank” for “The Bank”,
(k) in Regulation 79, in paragraph (8), by inserting “, the European Securities and Markets Authority” after “the Commission”,
(l) in Regulation 89, by inserting “and the European Securities and Markets Authority” after “the Home Member State”, and
(m) in Regulation 90—
(i) in paragraph (1), by inserting “and the European Securities and Markets Authority” before “, shall take all appropriate measures”, and
(ii) in paragraph (2), by inserting “and the European Securities and Markets Authority” after “the Commission.”.
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paragraphs: The Prospectus (Directive 2003/71/EC) (Amendment) Regulations 2005 ( S.I. No. 324 of 2005 ) are amended in Regulation 2(1) by inserting between the definitions of “credit institution” and “Directive” the following definition:
“ ‘delegated acts’ means any acts directly applicable in consequence of the Directive and, without prejudice to the generality of the foregoing, includes the Prospectus Regulation;”.