Art. 4

in force 2019-01-01 MODIFIED±0§

Amended by Regulation (EU) 2017/2402 32017R2402 · Regulation (EU) No 462/2013 32013R0462

applies from: unknown

Sources disagree — the EU's own amendment metadata found this change; the text comparison finds no difference in the provision's text. Both are shown; neither is overruled.

No explanation shipped — the structural diff did not see this change, so it carries no text; another signal named the unit and the disagreement ships as `disputed`.

in force 2015-06-21 MODIFIED§

Amended by Regulation (EU) No 462/2013 32013R0462

applies from: unknown

Sources disagree — the amending act's instructions found this change; the text comparison finds no difference in the provision's text and the EU's own amendment metadata does not list it. All are shown; none is overruled.

No explanation shipped — the structural diff did not see this change, so it carries no text; another signal named the unit and the disagreement ships as `disputed`.

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in force 2013-06-20 MODIFIED§

Amended by Regulation (EU) No 462/2013 32013R0462

applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)

dates removed: 1973-07-24, 2002-11-05, 2005-11-16, 2009-07-13, 2011-06-08

Sources disagree — the text comparison and the amending act's instructions found this change; the EU's own amendment metadata does not list it. All are shown; none is overruled.

The list of entities covered in paragraph 1 was rewritten from named categories with specific directive citations and dates into a shorter list of entity types (credit institutions, investment firms, insurance undertakings, reinsurance undertakings, institutions for occupational retirement provision, management companies, investment companies, alternative investment fund managers and central counterparties) without the earlier directive references and dates.

References to the credit rating agency being established in the Community were changed to established in the Union throughout paragraphs 1 through 4, and the prospectus reference in paragraph 1 no longer cites Directive 2003/71/EC and Regulation (EC) No 809/2004.

Paragraph 3(b) now adds that the stringency comparison also covers Annex I, while excluding Articles 6a, 6b, 8a, 8b, 8c and 11a, point (ba) of point 3, and points 3a and 3b of Section B of Annex I, which were not present before.

Cited: Art. 4, v1 · Art. 4, v2

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in force 2011-07-21 MODIFIED§

Amended by Directive 2011/61/EU 32011L0061

applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)

dates added to the text: 2011-06-08

Sources disagree — the text comparison and the amending act's instructions found this change; the EU's own amendment metadata does not list it. All are shown; none is overruled.

The list of entities in paragraph 1 now specifies that alternative investment funds are those defined in Directive 2011/61/EU of 8 June 2011 on Alternative Investment Fund Managers, a definitional reference not present in the earlier text.

A minor wording change also appears earlier in the same paragraph, where the phrase describing the business covered by the 1973 insurance directive is rendered slightly differently between the two versions.

Cited: Art. 4, v2 · Art. 4, v1

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in force 2011-06-01 MODIFIED§

Amended by Regulation (EU) No 513/2011 32011R0513

applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)

dates added to the text: 2009-07-13

Sources disagree — the text comparison and the amending act's instructions found this change; the EU's own amendment metadata does not list it. All are shown; none is overruled.

Article 4(1) now refers to UCITS as defined under Directive 2009/65/EC rather than Directive 85/611/EEC, and adds alternative investment funds to the list of entities that may use credit ratings for regulatory purposes only if issued by registered credit rating agencies established in the Union.

In Article 4(3)(1)(b), (c), (d) and (h), the references to the competent authority of the home Member State, and to the college of competent authorities referred to in Article 29, are replaced with references to ESMA, and the sub-points (i) and (ii) under point (h) likewise substitute ESMA and the relevant supervisory authority of the third-country credit rating agency for the previously named competent authorities.

Cited: Art. 4, v1 · Art. 4, v2

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