Done at Brussels, 13 July 2009.
For the European Parliament
The President
H.-G. PÖTTERING
For the Council
The President
E. ERLANDSSON
(1) Opinion of the European Parliament of 13 January 2009 (not yet published in the Official Journal) and Council Decision of 22 June 2009.
(2) OJ L 375, 31.12.1985, p. 3.
(3) See Annex III, Part A.
(4) OJ L 145, 30.4.2004, p. 1.
(5) OJ L 24, 29.1.2004, p. 1.
(6) OJ L 177, 30.6.2006, p. 1.
(7) OJ L 177, 30.6.2006, p. 201.
(8) OJ L 184, 17.7.1999, p. 23.
(9) OJ C 321, 31.12.2003, p. 1.
(10) OJ L 193, 18.7.1983, p. 1.
(11) OJ L 390, 31.12.2004, p. 38.
(12) OJ L 84, 26.3.1997, p. 22.
(13) OJ L 157, 9.6.2006, p. 87.
(14) OJ L 222, 14.8.1978, p. 11.
(15) OJ L 25, 29.1.2009, p. 18.
(16) OJ L 191, 13.7.2001, p. 45.
ANNEX I
SCHEDULE A
1.
Information concerning the common fund
1.
Information concerning the management company including an indication whether the management company is established in a Member State other than the UCITS home Member State
1.
Information concerning the investment company
1.1.
Name
1.1.
Name or style, form in law, registered office and head office if different from the registered office.
1.1.
Name or style, form in law, registered office and head office if different from the registered office.
1.2.
Date of establishment of the common fund. Indication of duration, if limited.
1.2.
Date of incorporation of the company. Indication of duration, if limited.
1.2.
Date of incorporation of the company. Indication of duration, if limited.
1.3.
If the company manages other common funds, indication of those other funds.
1.3.
In the case of investment companies having different investment compartments, the indication of the compartments.
1.4.
Statement of the place where the fund rules, if they are not annexed, and periodic reports may be obtained.
1.4.
Statement of the place where the instruments of incorporation, if they are not annexed, and periodical reports may be obtained.
1.5.
Brief indications relevant to unit-holders of the tax system applicable to the common fund. Details of whether deductions are made at source from the income and capital gains paid by the common fund to unit-holders.
1.5.
Brief indications relevant to unit-holders of the tax system applicable to the company. Details of whether deductions are made at source from the income and capital gains paid by the company to unit-holders.
1.6.
Accounting and distribution dates
1.6.
Accounting and distribution dates.
1.7.
Names of the persons responsible for auditing the accounting information referred to in Article 73.
1.7.
Names of the persons responsible for auditing the accounting information referred to in Article 73.
1.8.
Names and positions in the company of the members of the administrative, management and supervisory bodies. Details of their main activities outside the company where these are of significance with respect to that company.
1.8.
Names and positions in the company of the members of the administrative, management and supervisory bodies. Details of their main activities outside the company where these are of significance with respect to that company.
1.9.
Amount of the subscribed capital with an indication of the capital paid-up
1.9.
Capital
1.10.
Details of the types and main characteristics of the units and in particular:
—
the nature of the right (real, personal or other) represented by the unit,
—
characteristics of the units: registered or bearer. Indication of any denominations which may be provided for,
—
original securities or certificates providing evidence of title; entry in a register or in an account,
—
indication of unit-holders' voting rights if these exist,
—
circumstances in which winding-up of the common fund can be decided on and winding-up procedure, in particular as regards the rights of unit-holders.
1.10.
Details of the types and main characteristics of the units and in particular:
—
original securities or certificates providing evidence of title; entry in a register or in an account,
—
characteristics of the units: registered or bearer. Indication of any denominations which may be provided for,
—
indication of unit-holders' voting rights,
—
circumstances in which winding-up of the investment company can be decided on and winding-up procedure, in particular as regards the rights of unit-holders.
1.11.
Where applicable, indication of stock exchanges or markets where the units are listed or dealt in.
1.11.
Where applicable, indication of stock exchanges or markets where the units are listed or dealt in.
1.12.
Procedures and conditions of issue and sale of units.
1.12.
Procedures and conditions of issue and sale of units.
1.13.
Procedures and conditions for repurchase or redemption of units, and circumstances in which repurchase or redemption may be suspended.
1.13.
Procedures and conditions for repurchase or redemption of units, and circumstances in which repurchase or redemption may be suspended. In the case of investment companies having different investment compartments, information on how a unit-holder may pass from one compartment into another and the charges applicable in such cases.
1.14.
Description of rules for determining and applying income.
1.14.
Description of rules for determining and applying income.
1.15.
Description of the common fund's investment objectives, including its financial objectives (e.g. capital growth or income), investment policy (e.g. specialisation in geographical or industrial sectors), any limitations on that investment policy and an indication of any techniques and instruments or borrowing powers which may be used in the management of the common fund.
1.15.
Description of the company's investment objectives, including its financial objectives (e.g. capital growth or income), investment policy (e.g. specialisation in geographical or industrial sectors), any limitations on that investment policy and an indication of any techniques and instruments or borrowing powers which may be used in the management of the company.
1.16.
Rules for the valuation of assets.
1.16.
Rules for the valuation of assets.
1.17.
Determination of the sale or issue price and the repurchase or redemption price of units, in particular:
—
the method and frequency of the calculation of those prices,
—
information concerning the charges relating to the sale or issue and the repurchase or redemption of units,
—
the means, places and frequency of the publication of those prices.
1.17.
Determination of the sale or issue price and the repurchase or redemption price of units, in particular:
—
the method and frequency of the calculation of those prices,
—
information concerning the charges relating to the sale or issue and the repurchase or redemption of units,
—
the means, places and frequency of the publication of those prices (1).
1.18.
Information concerning the manner, amount and calculation of remuneration payable by the common fund to the management company, the depositary or third parties, and reimbursement of costs by the common fund to the management company, to the depositary or to third parties.
1.18.
Information concerning the manner, amount and calculation of remuneration payable by the company to its directors, and members of the administrative, management and supervisory bodies, to the depositary, or to third parties, and reimbursement of costs by the company to its directors, to the depositary or to third parties.
Information concerning the depositary:
2.1. Name or style, form in law, registered office and head office if different from the registered office;
2.2. Main activity.
Information concerning the advisory firms or external investment advisers who give advice under contract which is paid for out of the assets of the UCITS:
3.1. Name or style of the firm or name of the adviser;
3.2. Material provisions of the contract with the management company or the investment company which may be relevant to the unit-holders, excluding those relating to remuneration;
3.3. Other significant activities.
4. Information concerning the arrangements for making payments to unit-holders, repurchasing or redeeming units and making available information concerning the UCITS. Such information must in any case be given in the Member State in which the UCITS is established. In addition, where units are marketed in another Member State, such information shall be given in respect of that Member State in the prospectus published there.
Other investment information:
5.1. Historical performance of the UCITS (where applicable) — such information may be either included in or attached to the prospectus;
5.2. Profile of the typical investor for whom the UCITS is designed.
Economic information:
6.1. Possible expenses or fees, other than the charges mentioned in point 1.17, distinguishing between those to be paid by the unit-holder and those to be paid out of the assets of the UCITS.
SCHEDULE B
Information to be included in the periodic reports
I. Statement of assets and liabilities:
—
transferable securities,
—
bank balances,
—
other assets,
—
total assets,
—
liabilities,
—
net asset value.
II. Number of units in circulation
III. Net asset value per unit
IV. Portfolio, distinguishing between:
(a)
transferable securities admitted to official stock exchange listing;
(b)
transferable securities dealt in on another regulated market;
(c)
recently issued transferable securities of the type referred to in Article 50(1)(d);
(d)
other transferable securities of the type referred to in Article 50(2)(a);
and analysed in accordance with the most appropriate criteria in the light of the investment policy of the UCITS (e.g. in accordance with economic, geographical or currency criteria) as a percentage of net assets; for each of the above investments the proportion it represents of the total assets of the UCITS.
Statement of changes in the composition of the portfolio during the reference period.
V. Statement of the developments concerning the assets of the UCITS during the reference period including the following:
—
income from investments,
—
other income,
—
management charges,
—
depositary’s charges,
—
other charges and taxes,
—
net income,
—
distributions and income reinvested,
—
changes in capital account,
—
appreciation or depreciation of investments,
—
any other changes affecting the assets and liabilities of the UCITS,
—
transaction costs, which are costs incurred by a UCITS in connection with transactions on its portfolio.
VI. A comparative table covering the last three financial years and including, for each financial year, at the end of the financial year:
—
the total net asset value,
—
the net asset value per unit.
VII. Details, by category of transaction within the meaning of Article 51 carried out by the UCITS during the reference period, of the resulting amount of commitments.
(1) Investment companies within the meaning of Article 32(5) of this Directive shall also indicate:
—
the method and frequency of calculation of the net asset value of units,
—
the means, place and frequency of the publication of that value,
—
the stock exchange in the country of marketing the price on which determines the price of transactions effected outwith stock exchanges in that country.
ANNEX II
Functions included in the activity of collective portfolio management:
—
Investment management.
—
Administration:
(a)
legal and fund management accounting services;
(b)
customer inquiries;
(c)
valuation and pricing (including tax returns);
(d)
regulatory compliance monitoring;
(e)
maintenance of unit-holder register;
(f)
distribution of income;
(g)
unit issues and redemptions;
(h)
contract settlements (including certificate dispatch);
(i)
record keeping.
—
Marketing.
ANNEX III
PART A
Repealed Directive with list of its successive amendments
(referred to in Article 117)
Council Directive 85/611/EEC
(OJ L 375, 31.12.1985, p. 3)
Council Directive 88/220/EEC
(OJ L 100, 19.4.1988, p. 31)
Directive 95/26/EC of the European Parliament and of the Council
(OJ L 168, 18.7.1995, p. 7)
Article 1, fourth indent, Article 4(7) and Article 5, fifth indent only
Directive 2000/64/EC of the European Parliament and of the Council
(OJ L 290, 17.11.2000, p. 27)
Article 1 only
Directive 2001/107/EC of the European Parliament and of the Council
(OJ L 41, 13.2.2002, p. 20)
Directive 2001/108/EC of the European Parliament and of the Council
(OJ L 41, 13.2.2002, p. 35)
Directive 2004/39/EC of the European Parliament and of the Council
(OJ L 145, 30.4.2004, p. 1)
Article 66 only
Directive 2005/1/EC of the European Parliament and of the Council
(OJ L 79, 24.3.2005, p. 9)
Article 9 only
Directive 2008/18/EC of the European Parliament and of the Council
(OJ L 76, 19.3.2008, p. 42)
PART B
List of time limits for transposition into national law and application
(referred to in Article 117)
Directive
Time limit for transposition
Date of application
85/611/EEC
1 October 1989
—
88/220/EEC
1 October 1989
—
95/26/EC
18 July 1996
—
2000/64/EC
17 November 2002
—
2001/107/EC
13 August 2003
13 February 2004
2001/108/EC
13 August 2003
13 February 2004
2004/39/EC
—
30 April 2006
2005/1/EC
13 May 2005
—
ANNEX IV
Correlation table
Directive 85/611/EEC
This Directive
Article 1(2), introductory phrase
Article 1(2), introductory phrase
Article 1(2), first and second indent
Article 1(2)(a) and (b)
—
Article 1(2), second subparagraph
Article 1(3), first subparagraph
Article 1(3), first subparagraph
Article 1(3), second subparagraph
Article 1(3), second subparagraph, point (a)
—
Article 1(3), second subparagraph, point (b)
Article 1(4) to (7)
Article 1(4) to (7)
Article 1(8), introductory phrase
Article 2(1)(n), introductory phrase
Article 1(8), first, second and third indent
Article 2(1)(n), points (i), (ii) and (iii)
Article 1(8), final phrase
Article 2(1)(o)
Article 1a, introductory phrase
Article 2(1), introductory phrase
Article 1a, point (1)
Article 2(1)(a)
Article 1a, point (2), first part of the phrase
Article 2(1)(b)
Article 1a, point (2), second part of the phrase
Article 1a, points (3) to (5)
Article 2(1)(c) to (e)
Article 1a, point (6)
Article 2(1)(f)
Article 1a, point (7), first part of the phrase
Article 2(1)(g)
Article 1a, point (7), second part of the phrase
Article 1a, points (8) to (9)
Article 2(1)(h) to (i)
Article 1a, point (10), first subparagraph
Article 2(1)(j)
Article 1a, point (10), second subparagraph
Article 1a, point (11)
—
Article 1a, points (12) and (13), first phrase
Article 2(1)(i)(ii)
Article 1a, point (13), second phrase
Article 2(4)(a)
Article 1a, points (14) and (15), first phrase
Article 2(1)(k) and (l)
Article 1a, point (15), second phrase
—
Article 2(1)(m)
Article 2(1), introductory phrase
Article 3, introductory phrase
Article 2(1), first, second, third and fourth indent
Article 3(a), (b), (c) and (d)
—
Article 4(1) and (2)
Article 5(1) and (2)
—
Article 4(3), first subparagraph
Article 5(4), first subparagraph, points (a) and (b)
—
Article 5(4), second subparagraph
Article 4(3), second subparagraph
Article 5(4), third subparagraph
Article 4(3), third subparagraph
Article 5(4), fourth subparagraph
Article 4(3a)
—
Article 5(1) and (2)
Article 6(1) and (2)
Article 5(3), first subparagraph, introductory phrase
Article 6(3), first subparagraph, introductory phrase
Article 5(3), first subparagraph, point (a)
Article 6(3), first subparagraph, point (a)
Article 5(3), first subparagraph, point (b), introductory phrase
Article 6(3), first subparagraph, point (b), introductory phrase
Article 5(3), first subparagraph, point (b), first and second indent
Article 6(3), first subparagraph, point (b)(i) and (ii)
Article 5(3), second subparagraph
Article 6(3), second subparagraph
Article 5a(1), introductory phrase
Article 7(1), introductory phrase
Article 5a(1)(a), introductory phrase
Article 7(1)(a), introductory phrase
Article 5a(1)(a), first indent
Article 7(1)(a)(i)
Article 5a(1)(a), second indent, introductory phrase
Article 7(1)(a)(ii), introductory phrase
Article 5a(1)(a), second indent, points (i), (ii) and (iii)
Article 7(1)(a)(ii), first, second and third indent
Article 5a(1)(a), third and fourth indent
Article 7(1)(a)(iii)
Article 5a(1)(a), fifth indent
—
Article 5a(1)(b) to (d)
Article 7(1)(b) to (d)
Article 5a(2) to (5)
Article 7(2) to (5)
Article 5b
Article 5c
Article 5d
Article 5e
Article 5f(1), first subparagraph
Article 12(1), first subparagraph
Article 5f(1), second subparagraph, point (a)
Article 12(1), second subparagraph, point (a)
Article 5f(1), second subparagraph, point (b) first sentence
Article 12(1), second subparagraph, point (b)
Article 5f(1), second subparagraph, point (b), last sentence
—
Article 5f(2), introductory phrase
Article 12(2), introductory phrase
Article 5f(2), first and second indent
Article 12(2)(a) and (b)
—
Article 5g
Article 5h
—
—
Article 16(1), first subparagraph
—
Article 16(1), second subparagraph
—
Article 6a(1)
Article 6a(2)
Article 6a(3)
Article 17(3), first and second subparagraph
—
Article 17(3), third subparagraph
—
Article 17(4) to (5)
Article 6a(4) to (6)
Article 17(6) to 8
Article 6a(7)
Article 17(9), first subparagraph
—
Article 17(9), second subparagraph
Article 6b(1)
Article 6b(2)
Article 18(2), first and second subparagraph
—
Article 18(2), third subparagraph
Article 6b(3), first subparagraph
Article 18(2), fourth subparagraph
Article 6b(3), second subparagraph
—
—
Article 6b(4)
Article 6b(5)
—
—
Article 19 to 20
Article 6c(1)
Article 6c(2), first subparagraph
—
Article 6c(2), second subparagraph
Article 21(2), first and second subparagraph
—
Article 21(2), third subparagraph
Article 6c(3) to (5)
Article 21(3) to (5)
Article 6c(6)
—
Article 6c(7) to 10
Article 21(6) to (9)
Article 23(1) to (3)
—
Article 23(4) to (6)
Article 27, first and second subparagraph
—
Article 27, third subparagraph
Article 28
Article 13a(1), first subparagraph
Article 29(1), first subparagraph
Article 13a(1), second subparagraph, introductory phrase
Article 29(1), second subparagraph, introductory phrase
Article 13a(1), second subparagraph, first, second and third indent
Article 29(1), second subparagraph, points (a), (b) and (c)
Article 13a(1), third and fourth subparagraph
Article 29(1), third and fourth subparagraph
Article 13a(2), (3) and (4)
Article 29(2), (3) and (4)
Article 13b
Article 13c
Article 33(1) to (3)
—
Article 33(4) to (6)
—
Article 37 to 49
Article 19(1), introductory phrase
Article 50(1), introductory phrase
Article 19(1)(a) to (c)
Article 50(1)(a) to (c)
Article 19(1)(d), introductory phrase
Article 50(1)(d), introductory phrase
Article 19(1)(d), first and second indent
Article 50(1)(d)(i) and (ii)
Article 19(1)(e), introductory phrase
Article 50(1)(e), introductory phrase
Article 19(1)(e), first, second, third and fourth indent
Article 50(1)(e)(i), (ii), (iii) and (iv)
Article 19(1)(g), introductory phrase
Article 50(1)(g), introductory phrase
Article 19(1)(g), first, second and third indent
Article 50(1)(g)(i), (ii) and (iii)
Article 19(1)(h), introductory phrase
Article 50(1)(h), introductory phrase
Article 19(1)(h), first, second, third and fourth indent
Article 50(1)(h)(i), (ii), (iii) and (iv)
Article 19(2), introductory word
Article 50(2), introductory phrase
Article 50(2), second subparagraph
Article 21(1) to (3)
Article 51(1) to (3)
—
—
Article 22(1), first subparagraph
Article 52(1), first subparagraph
Article 22(1), second subparagraph, introductory phrase
Article 52(1), second subparagraph, introductory phrase
Article 22(1), second subparagraph, first and second indent
Article 52(1), second subparagraph, points (a) and (b)
Article 22(2), first subparagraph,
Article 52(2), first subparagraph
Article 22(2), second subparagraph, introductory phrase
Article 52(2), second subparagraph, introductory phrase
Article 22(2), second subparagraph, first second and third indent
Article 52(2), second subparagraph, points (a), (b) and (c)
Article 22(3) to (5)
Article 52(3) to (5)
Article 22a(1), introductory phrase
Article 53(1), introductory phrase
Article 22a(1), first, second and third indent
Article 53(1)(a), (b) and (c)
Article 22a(2)
Article 24a
Article 25(2), first subparagraph, introductory phrase
Article 56(2), first subparagraph, introductory phrase
Article 25(2), first subparagraph, first, second, third and fourth indent
Article 56(2), first subparagraph, points (a), (b), (c) and (d)
Article 25(2), second subparagraph
Article 56(2), second subparagraph
—
Article 58 to 67
Article 27(1), introductory phrase
Article 68(1), introductory phrase
Article 27(1), first indent
—
Article 27(1), second, third and fourth indent
Article 68(1)(a), (b), (c)
Article 27(2), introductory phrase
Article 68(2), introductory phrase
Article 27(2), first and second indent
Article 68(2)(a) and (b)
Article 28(1) and (2)
Article 69(1) and 2
Article 28(3) and (4)
—
Article 28(5) and (6)
Article 69(3) and (4)
Article 72
Article 33(1), first subparagraph
—
Article 33(1), second subparagraph
—
—
Articles 78 to 82
Article 36(1), first subparagraph, introductory word
Article 83(1), first subparagraph, introductory phrase
Article 36(1), first subparagraph, first and second indent
Article 83(1) first subparagraph, points (a) and (b)
Article 36(1), first subparagraph, final words
Article 83(1), first subparagraph, introductory phrase
Article 36(1), second subparagraph
Article 83(1), second subparagraph
Article 37
Article 41(1), introductory phrase
Article 88(1), introductory phrase
Article 41(1), first and second indent
Article 88(1)(a) and (b)
Article 41(1), final phrase
Article 88(1), introductory phrase
Article 42, introductory word
Article 89, introductory phrase
Article 42, first and second indent
Article 89, points (a) and (b)
Article 42, final phrase
Article 89, introductory phrase
Article 44(1) to (3)
—
—
Article 91(1) to (4)
Article 46, first paragraph, introductory phrase
Article 93(1), first subparagraph
—
Article 93(1), second subparagraph
Article 46, first paragraph, first indent
—
Article 46, first paragraph second, third and fourth indent,
Article 46, first paragraph, fifth indent
—
Article 46, second paragraph
—
—
—
Article 93(3) to (8)
—
Article 49(1) to (3)
Article 97(1) to (3)
—
—
Articles 98 to 100
—
Article 101(2) to (9)
Article 50(2) to (4)
Article 102(1) to (3)
Article 50(5), introductory phrase
Article 102(4), introductory phrase
Article 50(5), first, second, third and fourth indent
Article 102(4)(a), (b), (c) and (d)
Article 50(6) introductory phrase and (a) and (b),
Article 102(5), first subparagraph, introductory phrase
Article 50(6)(b), first, second and third indent
Article 102(5), first subparagraph, points (a), (b) and (c)
Article 50(6)(b), final phrase
Article 102(5), second and third subparagraph
Article 50(7), first subparagraph, introductory phrase
Article 103(1), introductory phrase
Article 50(7), first subparagraph, first and second indent
Article 103(1)(a) and (b)
Article 50(7), second subparagraph, introductory phrase
Article 103(2), introductory phrase
Article 50(7), second subparagraph, first, second and third indent
Article 103(2)(a), (b) and (c)
Article 50(7), third subparagraph
Article 50(8), first subparagraph
Article 50(8), second subparagraph, introductory phrase
Article 103(5), first subparagraph, introductory phrase
Article 50(8), second subparagraph, first, second and third indent
Article 103(5), first subparagraph, points (a), (b) and (c)
Article 50(8), third subparagraph
Article 50(8), fourth subparagraph
Article 103(5), second subparagraph
Article 50(8), fifth subparagraph
Article 50(8), sixth subparagraph
—
Article 50(9) to (11)
Article 104(1) to (3)
—
Article 50a(1), introductory phrase
Article 106(1), first subparagraph, introductory phrase
Article 50a(1)(a), introductory phrase
Article 106(1), first subparagraph, introductory phrase
Article 50a(1)(a), first, second and third indent
Article 106(1), first subparagraph, points (a), (b) and (c)
Article 50a(1)(b)
Article 106(1), second subparagraph
Article 50a(2)
Article 51(1) and (2)
Article 107(1) and (2)
—
Article 108(1), first subparagraph
Article 108(1), second subparagraph
—
Article 108(3) to (6)
Article 52a
Article 109(1) and (2)
—
Article 109(3) and (4)
Article 52b(1)
Article 52b(2)
—
Article 52b(3)
Article 53a
Article 53b(1)
Article 53b(2)
—
—
—
—
—
—
—
Articles 117 and 118
Annex I, schedule A and B
Annex I, schedule A and B
Annex I, schedule C
—
Annex II
Annex II
—
Annex III
—
Annex IV