Directive 2005/1/EC of the European Parliament and of the CouncilShow full title

Directive 2005/1/EC of the European Parliament and of the Council of 9 March 2005 amending Council Directives 73/239/EEC, 85/611/EEC, 91/675/EEC, 92/49/EEC and 93/6/EEC and Directives 94/19/EC, 98/78/EC, 2000/12/EC, 2001/34/EC, 2002/83/EC and 2002/87/EC in order to establish a new organisational structure for financial services committees (Text with EEA relevance)

Article 9U.K. Directive 85/611/EEC

Directive 85/611/EEC is hereby amended as follows:

1.

Article 6c shall be amended as follows:

(a)

in paragraph 9, the second sentence shall be replaced by the following:

Every two years the Commission shall issue a report on such cases.;

(b)

in paragraph 10, the second sentence shall be replaced by the following:

Every two years the Commission shall issue a report on such cases.;

2.

in Article 14(6), the second subparagraph shall be deleted;

3.

in Article 21(4), the third sentence shall be replaced by the following:

Such information shall be the subject of exchanges of views within the European Securities Committee.;

4.

in the third subparagraph of Article 22(4), the fourth sentence shall be replaced by the following:

Such communications may be the subject of exchanges of views within the European Securities Committee.;

5.

the title of Section X shall be replaced by the following:

European Securities Committee;

6.

Article 53 shall be deleted;

7.

Article 53a shall be replaced by the following:

Article 53a

The technical amendments to be made to this Directive in the following areas shall be adopted in accordance with the procedure referred to in Article 53b(2):

(a)

clarification of the definitions in order to ensure uniform application of this Directive throughout the Community;

(b)

alignment of terminology and the framing of definitions in accordance with subsequent acts on UCITS and related matters.;

8.

the following Article shall be inserted:

Article 53b

1.The Commission shall be assisted by the European Securities Committee instituted by Commission Decision 2001/528/EC(1), hereinafter “the Committee”.

2.Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC(2) shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be set at three months.

3.The Committee shall adopt its rules of procedure.

(1)

OJ L 191, 13.7.2001, p. 45. Decision as amended by Decision 2004/8/EC (OJ L 3, 7.1.2004, p. 33).