Commission Implementing Regulation (EU) No 593/2014Show full title

Commission Implementing Regulation (EU) No 593/2014

of 3 June 2014

laying down implementing technical standards with regard to the format of the notification according to Article 16(1) of Regulation (EU) No 345/2013 of the European Parliament and of the Council on European venture capital funds

(Text with EEA relevance)

THE EUROPEAN COMMISSION,

Having regard to the Treaty on the Functioning of the European Union,

Having regard to Regulation (EU) No 345/2013 of the European Parliament and of the Council of 17 April 2013 on European venture capital funds(1),and in particular Article 16(5) thereof,

Whereas:

(1) Article 16(1) of Regulation (EU) No 345/2013 requires the competent authority of the home Member State of a European venture capital fund (EuVECA) to notify the competent authorities of the host Member States and the European Securities and Markets Authority (ESMA) of events related to the passport of the managers of qualifying venture capital funds. Article 21(3) of Regulation (EU) No 345/2013 also requires the competent authority of the home Member State to inform the competent authorities of the host Member States of the removal of a manager of a EuVECA from the register.

(2) Taking into account that a dedicated IT tool for that notification has not yet been developed by ESMA, the use of e-mail is the most appropriate format for this type of notification among competent authorities and to ESMA. Therefore, a list of relevant e-mail addresses should be established by ESMA and made known to all competent authorities.

(3) This Regulation is based on the draft implementing technical standards submitted by ESMA to the Commission.

(4) Given the limited scope and impact of the format for notification and taking into account that only competent authorities are to use the specific form established, ESMA did not conduct public consultations relating to introducing this format notification. ESMA requested the opinion of the ESMA Securities and Markets Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council(2),

HAS ADOPTED THIS REGULATION:

Modifications etc. (not altering text)

C1 The “appropriate regulator” has power to make such provision as they consider appropriate by means of an instrument in writing to prevent, remedy or mitigate any failure of the provisions of this Regulation to operate effectively or any other deficiency arising from the withdrawal of the United Kingdom from the EU, see The Financial Regulators' Powers (Technical Standards etc.) (Amendment etc.) (EU Exit) Regulations 2018 (S.I. 2018/1115), regs. 2, 3, Sch. Pt. 1 (with saving on IP completion day by S.I. 2019/680, regs. 1(2), 11; 2020 c. 1, Sch. 5 para. 1(1))

C2 Regulation: power to modify conferred (11.7.2023) by Financial Services and Markets Act 2023 (c. 29), ss. 3, 86(3), Sch. 1 Pts. 1, 3; S.I. 2023/779, reg. 2(d)

Article 1 U.K. Subject matter

This Regulation determines the format for notification among competent authorities and to ESMA of the supervisory information relating to the events provided for in Articles 16(1) and 21(3) of Regulation (EU) No 345/2013.

Article 2 U.K. Format of the notification

The competent authority of the home Member State of a European venture capital fund shall notify by e-mail the competent authorities of the host Member States and ESMA of the events set out in Articles 16(1) and 21(3) of Regulation (EU) No 345/2013, by filling in the form set out in the Annex to this Regulation.

Article 3 U.K. List of e-mail addresses

Each competent authority shall communicate to ESMA the relevant e-mail address for notification of supervisory information.

ESMA shall make known to all competent authorities the list of relevant e-mail addresses, including the relevant e-mail address of ESMA.

Article 4 U.K. Entry into force

This Regulation shall enter into force on the third day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Brussels, 3 June 2014.

For the Commission

The President

José Manuel Barroso

ANNEX U.K. Notification of registration of a European venture capital fund (EuVECA) manager or update of information already notified

(1)

OJ L 115, 25.4.2013, p. 1.

(2)

Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority) (OJ L 331, 15.12.2010, p. 84).