:






RULES APPLICABLE TO FINANCIAL SERVICES



 

The applicable provisions of the following EU acts shall be applicable in accordance with the provisions on horizontal adaptations set out in Appendix XVII-1 [to this Agreement] unless otherwise specified. Where necessary, specific adaptations for each individual act are set out hereafter.

 

Applicable provisions to be adopted:

 

A. Banking

 

Directive 2006/48/EC of the European Parliament and of the Council of 14 June 2006 relating to the taking up and pursuit of the business of credit institutions (recast) (hereinafter referred to as "Directive 2006/48/EC")

Timetable: The Directives applicable provisions shall be implemented according to the following timetable.

 

Expected progress in adoption of EU Applicable provisions of Expected timeframe for
regulation for credit institutions Directive 2006/48/EC implementation
     
Requirements for access to the taking up Title II 4 years
and pursuit of the business of credit    
institutions    
     
Relations with third countries Title IV 4 years
     
Principles of prudential supervision Title V chapter 1 Section 4 years
  2-4  
     
Definition of own funds Title V chapter 2 section 4 years
   
     
Large exposures provisions Title V chapter 2 section 4 years
   
     
Provisions against risk in accordance Title V chapter 2 section 4 years
with Basel I:  
Capital requirements for credit risk    
Capital requirements for position risk,    
settlement and counterparty risk,    
FX and commodity risk.    
Excluding the application of Article 123    
and Title V chapter 5, namely the    

 

 


LIMITE

 

 

supervisory review process and    
disclosure requirements    
     
Remaining provision of the Directive (in   6 years
accordance with Basel II) especially:    
Capital requirements for credit risk    
Capital requirements for operational risk    
Capital requirements for position risk,    
settlement and counterparty risk,    
FX and commodity risk.    
Application of Article 123 and Title V    
chapter 5, namely the supervisory    
review process and disclosure    
requirements    
Title V Chapter 4 on supervision    
     

 



Commission Directive 2007/18/EC of 27 March 2007 amending Directive 2006/48/EC of the European Parliament and of the Council as regards the exclusion or inclusion of certain institutions from its scope of application and the treatment of exposures to multilateral development banks

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Directive 2007/44/EC of the European Parliament and of the Council of 5 September 2007 amending Council Directive 92/49/EEC and Directives 2002/83/EC, 2004/39/EC, 2005/68/EC and 2006/48/EC as regards procedural rules and evaluation criteria for the prudential assessment of acquisitions and increase of holdings in the financial sector

Timetable: The Directives provisions shall be implemented within 6 years after entry into force of this Agreement.

 

Directive 2006/49/EC of the European Parliament and of the Council of 14 June 2006 on the capital adequacy of investment firms and credit institutions (recast) (hereinafter referred to as "Directive 2006/49/EC")

Timetable: The Directives provisions shall be implemented according to the following timetable

 

Expected progress in adoption of EU Applicable provisions of Expected deadline to
regulation for investment firms Directive 2006/49/EC implement by Ukraine
     
Initial capital Chapter 2 4 years
     

 

 


LIMITE

 

 

Trading book definition Chapter 3 4 years
     
Own funds Chapter 4 4 years
     
Provisions against risk in accordance Chapter 5 section 1 4 years
with Basel I:    
Capital requirements for credit risk    
Capital requirements for position risk,    
settlement and counterparty risk,    
FX and commodity risk.    
     
Remaining provision of the Directive.   6 years
     

 

Directive 2002/87/EC of the European Parliament and of the Council of 16 December 2002 on the supplementary supervision of credit institutions, insurance undertakings and investment firms in a financial conglomerate and amending Council Directives 73/239/EEC, 79/267/EEC, 92/49/EEC, 92/96/EEC, 93/6/EEC and 93/22/EEC, and Directives 98/78/EC and 2000/12/EC of the European Parliament and of the Council

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Directive 2009/110/EC of the European Parliament and of the Council of 16 September 2009 on the taking up, pursuit of and prudential supervision of the business of electronic money institutions

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Directive 94/19/EC of the European Parliament and of the Council of 30 May 1994 on deposit-guarantee schemes

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Council Directive 86/635/EEC of 8 December 1986 on the annual accounts and consolidated accounts of banks and other financial institutions

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Directive 2001/65/EC of the European Parliament and of the Council of 27 September 2001 amending Directives 78/660/EEC, 83/349/EEC and 86/635/EEC as regards the valuation rules for the annual and consolidated accounts of certain types of companies as well as of banks and other financial institutions

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.


 


LIMITE

 

 

Directive 2003/51/EC of the European Parliament and of the Council of 18 June 2003 amending Directives 78/660/EEC, 83/349/EEC, 86/635/EEC and 91/674/EEC on the annual and consolidated accounts of certain types of companies, banks and other financial institutions and insurance undertakings

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Directive 2006/46/EC of the European Parliament and of the Council of 14 June 2006 amending Council Directives 78/660/EEC on the annual accounts of certain types of companies, 83/349/EEC on consolidated accounts, 86/635/EEC on the annual accounts and consolidated accounts of banks and other financial institutions and 91/674/EEC on the annual accounts and consolidated accounts of insurance undertakings

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Council Directive 89/117/EEC of 13 February 1989 on the obligations of branches established in a Member State of credit institutions and financial institutions having their head offices outside that Member State regarding the publication of annual accounting documents

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Directive 2001/24/EC of the European Parliament and of the Council of 4 April 2001 on the reorganisation and winding up of credit institutions

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

B. Insurance

 

Directive 2009/138/EC of the European Parliament and of the Council of 25 November 2009 on the taking-up and pursuit of the business of Insurance and Reinsurance (Solvency II) (recast version)

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement, with the exception of Articles 127 and 17c [of this Directive], which shall be implemented within 8 years after entry into force of this Agreement.

 

Directive 2009/103/EC of the European Parliament and the Council of 16 September 2009 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability (codified version)

Timetable: The Directives provisions shall be implemented within 2 years, with the exception of Article 9 [of this Directive] which shall be implemented 8 years after entry into force of this Agreement.

 

Council Directive 91/674/EEC of 19 December 1991 on the annual accounts and consolidated accounts of insurance undertakings


 

 


LIMITE

 

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.


 


LIMITE

 

 

92/48/EEC: Commission Recommendation of 18 December 1991 on insurance intermediaries

Timetable: no need for legislative initiative.

 

Directive 2002/92/EC of the European Parliament and of the Council of 9 December 2002 on insurance mediation

Timetable: The Directives provisions shall be implemented within 2 years after entry into force of this Agreement.

 

Directive 2003/41/EC of the European Parliament and of the Council of 3 June 2003 on the activities and supervision of institutions for occupational retirement provision

Timetable: The Directives provisions shall be implemented within 2 years after entry into force of this Agreement.

 

C. Securities

 

Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments amending Council Directives 85/611/EEC and 93/6/EEC and Directive 2000/12/EC of the European Parliament and of the Council and repealing Council Directive 93/22/EEC

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Commission Directive 2006/73/EC of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards organisational requirements and operating conditions for investment firms and defined terms for the purposes of that Directive

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Commission Regulation (EC) No 1287/2006 of 10 August 2006 implementing Directive 2004/39/EC of the European Parliament and of the Council as regards record-keeping obligations for investment firms, transaction reporting, market transparency, admission of financial instruments to trading, and defined terms for the purposes of that Directive

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Directive 2003/71/EC of the European Parliament and of the Council of 4 November 2003 on the prospectus to be published when securities are offered to the public or admitted to trading and amending Directive 2001/34/EC

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Commission Regulation (EC) No 809/2004 of 29 April 2004 implementing Directive 2003/71/EC of the European Parliament and of the Council as regards information contained


 


LIMITE

 

 

in prospectuses as well as the format, incorporation by reference and publication of such prospectuses and dissemination of advertisements

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Commission Regulation (EC) No 1787/2006 of 4 December 2006 amending Commission Regulation (EC) 809/2004 implementing Directive 2003/71/EC of the European Parliament and of the Council as regards information contained in prospectuses as well as the format, incorporation by reference and publication of such prospectuses and dissemination of advertisements

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Commission Directive 2007/14/EC of 8 March 2007 laying down detailed rules for the implementation of certain provisions of Directive 2004/109/EC on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Directive 97/9/EC of the European Parliament and of the Council of 3 March 1997 on investor-compensation schemes

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Directive 2003/6/EC of the European Parliament and of the Council of 28 January 2003 on insider dealing and market manipulation (market abuse)

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Commission Directive 2004/72/EC of 29 April 2004 implementing Directive 2003/6/EC of the European Parliament and of the Council as regards accepted market practices, the definition of inside information in relation to derivatives on commodities, the drawing up of lists of insiders, the notification of managers' transactions and the notification of suspicious transactions

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.


 

 


LIMITE

 

 

Commission Directive 2003/124/EC of 22 December 2003 implementing Directive 2003/6/EC of the European Parliament and of the Council as regards the definition and public disclosure of inside information and the definition of market manipulation

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Commission Directive 2003/125/EC of 22 December 2003 implementing Directive 2003/6/EC of the European Parliament and of the Council as regards the fair presentation of investment recommendations and the disclosure of conflicts of interest

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Commission Regulation (EC) No 2273/2003 of 22 December 2003 implementing Directive 2003/6/EC of the European Parliament and of the Council as regards exemptions for buy-back programmes and stabilisation of financial instruments

Timetable: The Regulations provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September [2009] on Credit Rating Agencies

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Directive 2000/64/EC of the European Parliament and of the Council of 7 November 2000 amending Council Directives 85/611/EEC, 92/49/EEC, 92/96/EEC and 93/22/EEC as regards exchange of information with third countries.

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Directive 2001/34/EC of the European Parliament and of the Council of 28 May 2001 on the admission of securities to official stock exchange listing and on information to be published on those securities

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Directive 2006/31/EC of the European Parliament and of the Council of 5 April 2006 amending Directive 2004/39/EC on markets in financial instruments, as regards certain deadlines

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Commission Regulation (EC) No 211/2007 of 27 February [2007] amending Regulation (EC) No 809/2004 implementing Directive 2003/71/EC of the European Parliament and of the


 

 


LIMITE

 

 

Council as regards financial information in prospectuses where the issuer has a complex financial history or has made a significant financial commitment

Timetable: The Regulations provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Commission Regulation (EC) No 1569/2007 of 21 December 2007 establishing a mechanism for the determination of equivalence of accounting standards applied by third country issuers of securities pursuant to Directives 2003/71/EC and 2004/109/EC of the European Parliament and of the Council.

Timetable: The Regulation's provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Directive 2008/10/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2004/39/EC on markets in financial instruments, as regards the implementing powers conferred on the Commission

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Directive 2008/11/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2003/71/EC on the prospectus to be published when securities are offered to the public or admitted to trading, as regards the implementing powers conferred on the Commission

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Directive 2008/26/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2003/6/EC on insider dealing and market manipulation (market abuse), as regards the implementing powers conferred on the Commission

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Commission Regulation (EC) No 1289/2008 of 12 December 2008 amending Commission Regulation (EC) N 809/2004 implementing Directive 2003/71/EC of the European Parliament and of the Council as regards elements related to prospectuses and advertisements

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.


 


LIMITE

 

 

D. UCITS

 

Directive 2009/65/EC of the European Parliament and of the Council of 13 July 2009 on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) (recast).

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Commission Directive 2010/43/EU of 1 July 2010 implementing Directive 2009/65/EC of the European Parliament and of the Council as regards organisational requirements, conflicts of interest, conduct of business, risk management and content of the agreement between a depositary and a management company

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Commission Directive 2010/42/EU of 1 July 2010 implementing Directive 2009/65/EC of the European Parliament and of the Council as regards certain provisions concerning fund mergers, master-feeder structures and notification procedures

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Commission Regulation (EU) No 583/2010 of 1 July 2010 implementing Directive 2009/65/EC of the European Parliament and of the Council as regards key investor information or the prospectus in a durable medium other than paper or by means of a website

Timetable: The Regulations provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Commission Regulation (EU) No 584/2010 of 1 July 2010 implementing Directive 2009/65/EC of the European Parliament and of the Council as regards the form and content of the standard modification letter and UCITS attestation, the use of electronic communication between competent authorities for the purpose of notification, and procedures for on-the-spot verifications and investigations and the exchange of information between competent authorities

Timetable: The Regulations provisions shall be implemented within 4 years after entry into force of this Agreement.

 

Commission Directive 2007/16/EC of 19 March 2007 implementing Council Directive 85/611/EEC on the coordination of laws, regulations and administrative provisions relating to undertakings for collective investment in transferable securities (UCITS) as regards the clarification of certain definitions

Timetable: The Directives provisions shall be implemented within 4 years after entry into force of this Agreement.

E. Market infrastructure


 


LIMITE

 

 

Directive 2002/47/EC of the European Parliament and of the Council of 6 June 2002 on financial collateral arrangements

Timetable: The Directives provisions shall be implemented within 6 years after entry into force of this Agreement.

 

Directive 2009/44/EC of the European Parliament and of the Council of 6 May 2009 amending Directive 98/26/EC on settlement finality in payment and securities settlement systems and Directive 2002/47/EC on financial collateral arrangements as regards linked systems and credit claims

Timetable: The Directives provisions shall be implemented within 6 years after entry into force of this Agreement.

 

Directive 98/26/EC of the European Parliament and of the Council of 19 May 1998 on settlement finality in payment and securities settlement systems.

 

Timetable: The Directives provisions shall be implemented within 6 years after entry into force of this Agreement.

 

F. Payments

 

Directive 2007/64/EC of the European Parliament and of the Council of 13 November 2007 on payment services in the internal market amending Directives 97/7/EC, 2002/65/EC, 2005/60/EC and 2006/48/EC and repealing Directive 97/5/EC

Timetable: The Directives provisions shall be implemented within 5 years after entry into force of this Agreement.

 

G. Anti-Money Laundering

 

Directive 2005/60/EC of the European Parliament and of the Council of 26 October 2005 on the prevention of the use of the financial system for the purpose of money laundering and terrorist financing

Timetable: The Directives provisions shall be implemented within 2 years after entry into force of this Agreement.

 

Commission Directive 2006/70/EC of 1 August 2006 laying down implementing measures for Directive 2005/60/EC of the European Parliament and of the Council as regards the definition of politically exposed person and the technical criteria for simplified customer due diligence procedures and for exemption on grounds of a financial activity conducted on an occasional or very limited basis

Timetable: The Directives provisions shall be implemented within 2 years after entry into force of this Agreement.

 

Regulation (EC) No 1781/2006 of the European Parliament and of the Council of 15 November 2006 on information on the payer accompanying transfers of funds


 

 


LIMITE

 

Timetable: The Regulations provisions shall be implemented within 2 years after entry into force of this Agreement.

 

H. Free movement of capital and payments

 

Article 63 TFEU

Timetable: 5 years after the entry into force of the Agreement the Trade Committee shall take a final decision on the implementation timeline for this Treaty provision.

 

Article 64 TFEU

Timetable: 5 years after the entry into force of the Agreement the Trade Committee shall take a final decision on the implementation timeline for this Treaty provision.

 

Article 65 TFEU

Timetable: 5 years after the entry into force of the Agreement the Trade Committee shall take a final decision on the implementation timeline for this Treaty provision.

 

Article 66 TFEU

Timetable: 5 years after the entry into force of the Agreement the Trade Committee shall take a final decision on the implementation timeline for this Treaty provision.

 

Article 75 TFEU

Timetable: 5 years after the entry into force of the Agreement the Trade Committee shall take a final decision on the implementation timeline for this Treaty provision.

 

Article 215 TFEU

Timetable: 5 years after the entry into force of the Agreement the Trade Committee shall take a final decision on the implementation timeline for this Treaty provision.

 

Annex I to Directive 88/361/EEC of 24 June 1988 for the application of Articles 63 to 66 of the Treaty [TFEU]

Timetable: 5 years after the entry into force of the Agreement the Trade Committee shall take a final decision on the implementation timeline for the Annex I to Directive 88/361/EEC of 24 June 1988.


 

 


LIMITE

 

 

APPENDIX XVII-3

 





sdamzavas.net - 2018 . ! , ...