REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND THE COUNCIL on the exercise of delegation of powers to the Commission to adopt implementing measures pursuant to Article 112a of Directive 2009/65/EC of 13 July 2009
Date: 2015-08-03
Institutions: Directorate-General for Financial Stability, Financial Services and Capital Markets Union, European Commission
Subjects: approval, business management, financial legislation, financial management, investment company, market access, merger, right of establishment, securities, transfer of competence

EUROPEAN 
COMMISSION 

Brussels, 3.8.2015  
COM(2015) 384 final 

REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the exercise of delegation of powers to the Commission to adopt implementing 
measures pursuant to Article 112a of Directive 2009/65/EC of 13 July 2009 

EN 

   EN 

 
 
 
 
  
 
REPORT FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT AND 
THE COUNCIL 

on the exercise of delegation of powers to the Commission to adopt implementing 
measures pursuant to Article 112a of Directive 2009/65/EC of 13 July 2009 

1. Introduction 

Directive  2009/65/EC  of  13  July  2009  on  the  coordination  of  laws,  regulations  and 
administrative  provisions  relating  to  undertakings  for  collective  investment  in  transferable 
securities (UCITS) conferred powers on the Commission to adopt delegated acts as referred to 
in  Articles  12,  14,  23,  33,  43,  51,  60,  61,  62,  64,  75,  78,  81,  95  and  111  of  this  Directive. 
These powers have been conferred on the Commission for a period of 4 years from 4 January 
2011, thus until 4 January 2015. 

2. Legal basis for the report 

Pursuant to Article 112a of Directive 2009/65/EC the Commission had to draw up a report in 
respect of these delegated powers at latest 6 months before the end of the 4-year period, thus 
before 4 July 2014. 

3. Exercise of the delegation 

The Commission has exercised the empowerments through 4 Implementing Acts adopted on 1 
July 2010: 

•  Commission  Regulation  (EU)  No  583/2010  of  1  July  2010  implementing  Directive 
2009/65/EC  of  the  European  Parliament  and  of  the  Council  as  regards  key  investor 
information and conditions to be met when providing key investor information or the 
prospectus  in  a  durable  medium  other  than  paper  or  by  means  of  a  website 

•  Commission  Regulation  (EU)  No  584/2010  of  1  July  2010  implementing  Directive 
2009/65/EC  of  the  European  Parliament  and  of  the  Council  as  regards  the  form  and 
content of the standard notification letter and UCITS attestation, the use of electronic 
communication  between  competent  authorities  for  the  purpose  of  notification,  and 
procedures  for  on-the-spot  verifications  and  investigations  and  the  exchange  of 
information between competent authorities  

•  Commission  Directive  2010/42/EU  of  1  July  2010 

implementing  Directive 
2009/65/EC  of  the  European  Parliament  and  of  the  Council  as  regards  certain 
provisions  concerning  fund  mergers,  master-feeder  structures  and  notification 
procedure 

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•  Commission  Directive  2010/43/EU  of  1  July  2010 

implementing  Directive 
2009/65/EC of the European Parliament and of the Council as regards organisational 
requirements, conflicts of interest, conduct of business, risk management and content 
of the agreement between a depositary and a management company  

The  below  table  shows  which  acts  contain  the  implementing  measures  adopted  under  the 
specific empowerments: 

Empowerments in Directive 2009/65/EU 

Implementing Act; Article 

Article 12 

Article 14 

Article 23 

Article 33 

Article 43 

Article 51 

Article 60 

Article 61 

Article 62 

Article 64 

Article 75 

Implemented in chapters 2 and 3, articles 4 to 
21 of Directive 2010/43/EU.  

Implemented in chapters 2, 3 and 4, articles 4 
to 29 of Directive 2010/43/EU. 

Implemented in chapter 5, articles 30 to 37 of 
Directive 2010/43/EU. 

Implemented in chapter 5, articles 30 to 37 of 
Directive 2010/43/EU. 

Implemented  in  chapter  2,  articles  3  to  7  of 
Directive 2010/42/EU. 

Implemented in chapter 6, articles 38 to 45 of 
Directive 2010/43/EU. 

Implemented in chapter 3, articles 8 to 23, 25 
and 28 of Directive 2010/42/EU 

Implemented in chapter 3, articles 24 and 26 
of Directive 2010/42/EU 

Implemented  in  chapter  3,  article  27  of 
Directive 2010/42/EU 

Implemented  in  chapter  3,  article  29  of 
Directive 2010/42/EU 

Implemented 
583/2010. 

in  Regulation 

(EU)  No. 

3 

 
 
 
 
 
Article 78 

Article 81 

Article 95 

Article 111 

4. Conclusion 

Implemented 
583/2010. 

Implemented 
583/2010. 

in  Regulation 

(EU)  No. 

in  Regulation 

(EU)  No. 

Implemented in chapter 4, articles 30 to 33 of 
Directive 2010/42/EU 

Not  exercised  as  it  is  a  "may"  Article 
the 
technical  amendments 
covering 
Directive. 

to 

With  this  report  the  Commission  complies  with  the  reporting  obligation  in  Article  112a  of 
Directive 2009/65/EC. 

The Commission invites the Council and the European Parliament to take note of this report. 

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