European Commission Publishes Report on the Exercise of the Power to Adopt Delegated Acts Conferred on the Commission by Prospectus Directive

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On April 13, 2015, the European Commission published a Report to the Council and the European Parliament on the exercise of the power to adopt delegated acts conferred on the Commission pursuant to Directive 2003/71/EC of the European Parliament and of the Council of November 4, 2003 on the prospectus to be published when securities are offered to the public or admitted to trading and amending Directive 2001/34/EC (Prospectus Directive).

The Commission Report concludes that while the Commission believes that the delegation of powers to it has been crucial to further develop the single rulebook and therefore establish more harmonized, high quality rules, the Commission has not used some of those powers yet. The Commission Report in this context notes that the provisions concerned will also form part of the PD review required by Article 4 of the PD II, by January 1, 2016. The Commission therefore considers that the EP and the Council should not revoke those delegations of powers in accordance with Article 24b of the PD, as it may need to use those powers to adopt certain delegated acts in the future, in light of the developments on the financial markets.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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