B 713
Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 20,852, 6 ta’ Mejju , 2022
Taqsima  B
____________________________________________________________________B 713
L.N. 130 of 2022
INVESTMENT SERVICES ACT
(CAP. 370)
Investment Services Act (Marketing of UCITS) (Amendment) 
Regulations, 2022
IN EXERCISE of the powers conferred by article 12 of the
Investment Services Act, the Minister responsible for the regulation of
financial services, acting on the advice of the Malta Financial ServicesAuthority, has made the following regulations:
Citation and 
scope.
S.L. 370.18.1. (1) The title of these regulations is the Investment
Services Act (Marketing of UCITS) (Amendment) Regulations, 2022 ,
and these regulations shall be read and construed as one with the
Investment Services Act (Marketing of UCITS) Regulations,hereinafter referred to as "the principal regulations".
(2) The scope of these regulations is, in part, to transpose
Article 1(6) of Directive (EU) 2019/1160 of the European Parliament
and of the Council of 20 June 2019 amending Directives 2009/65/ EC
and 2011/61/EU with regard to cross-border distribution of coll ective
investment undertakings.
Amends 
regulation 4 of 
the principal 
regulations.2. Regulation 4 of the principal regulations shall be amended
as follows: 
(a) immediately after sub-regulation (16) thereof, there
shall be added the following new sub-regulation: 
"(16A) The competent authority shall verify
whether the notification submitted by the Maltese UCITS
in accordance with sub-regula tion (16) is complete. The
competent authority shall, no later than 15 working days
from the receipt of a complete notification, transmit thatnotification to the European regulatory authority of the
Member State or EEA State identified in the notification
referred to in sub-regulation (16), and to ESMA. Upontransmission of the notification, the competent authority
shall promptly notify the Maltese UCITS of that
transmission.";
(b) immediately after sub-regulation (17) thereof, there
shall be added the following new sub-regulations:
VERŻJONI ELETTRONIKA
B 714
B 714
"(18)  The competent authority shall transmit to the
European regulatory authority of the Member State or
EEA State identified in the notification referred to in sub-regulation (16) information on any changes to the
documents referred to in sub-regulation (3).
(19) Without prejudice to other monitoring activities
and supervisory powers as refe rred to in Article 21(2) and
Article 97 of the UCITS Direc tive, as from the date of
transmission in terms of sub-regulation (18), the Europeanregulatory authority of the  Member State or EEA State
identified in the notification referred to in sub-regulation
(16) shall not require the Maltese UCITS concerned todemonstrate compliance with national laws, regulations
and administrative provisions governing marketingrequirements referred to in Article 5 of Regulation (EU)
2019/1156 of the European Parliament and of the Council
of 20 June 2019 on facilitating cross-border distribution ofcollective investment undertakings and amending
Regulations (EU) No 345/2013, (EU) No 346/2013 and
(EU) No 1286/2014.".
Amends 
regulation 5 of 
the principal 
regulations.3. In paragraph (a) of sub-regulation (7) of regulation 5 of the
principal regulations, for the words "sub-regulation 1(a) to (c )" there
shall be substituted the words "sub-regulation 1(a) to (d)".
Amends 
regulation 8 of 
the principal regulations.4. Regulation 8 of the principal regulations shall be amended
as follows: 
(a) immediately after sub-regulation (15) thereof, there
shall be added the following new sub-regulations: 
"(15A)  The competent authority shall receive the
notification referred to in sub-regulation (15) from the
European regulatory authority of the European UCITS
home Member State or EEA State. 
(15B)  The competent authority shall also receive
from the European regulatory authority of the EuropeanUCITS home Member State or EEA State information onany changes to the documents referred to in sub-regulation
(2)."; 
(b) in sub-regulation (16) thereof, for the words "as well
as the competent authority" there shall be substituted the word s
"as well as the European regulatory authority of the European
UCITS home Member State or EEA State"; and for the words"provided that the information and communication means are
VERŻJONI ELETTRONIKA
B 715
B 715
available for investors in the official language" there shall b e
substituted the words "provided that the information and
communication means are available for investors located inMalta in the official language";
(c) immediately after sub-regulation (16) thereof, there
shall be added the following new sub-regulations: 
"(17) Where the competent authority is identified in
the notification referred to in sub-regulation (15), it shallhave the same rights and obligations as the competent
authority of the UCITS host Member State as set out in
Article 21(2), Article 97(3) and Article 108 of the UCITSDirective. 
(18) Without prejudice to other monitoring activities
and supervisory powers as ref erred to in Article 21(2) and
Article 97 of the UCITS Directive, as transposed in
national law, as from the date of receipt of the information
under sub-regulation (15B), the competent authority shallnot require the European UCITS concerned to demonstrate
compliance with national laws, regulations and
administrative provisions governing marketingrequirements referred to in Article 5 of Regulation (EU)
2019/1156 of the European Par liament and of the Council
of 20 June 2019 on facilitating cross-border distribution of
collective investment undertakings and amending
Regulations (EU) No 345/2013, (EU) No 346/2013 and
(EU) No 1286/2014.".
Amends 
regulation 9 of 
the principal 
regulations. 5. Regulation 9 of the principal regulations shall be amended
as follows:
(a) in paragraph (a) of sub-regulation (5) thereof, for the
words "sub-regulation 1(b) to (d)", there shall be substituted the
words "sub-regulation 1(a) to (d)";
(b) sub-regulation (5B) thereof shall be amended as
follows:
(i) in paragraph (a) thereof the words "the official
language, or", and the words "by the European UCITS
itself" shall be deleted; and
(ii) paragraph (b) thereof shall be substituted by the
following
VERŻJONI ELETTRONIKA
B 716
________________________________________________________________________________________________________________________
Ippubblikat mid-Dipartiment tal-Informazzjoni (doi.gov.mt) — Valletta — Published by the Department of Information (doi.gov.mt) — Valletta
Mitbugħ fl-Istamperija tal-Gvern fuq karta FSC — Printed at the Government Printing Press on FSC certified paper
Prezz /Price
€0.18B 716
"(b) by the European UCITS itself, by a third
party which is subject to regulation and supervision
governing the tasks to be performed, or by both.".
VERŻJONI ELETTRONIKA