17.

The Commission shall adopt, by means of delegated acts in accordance with Article 56 and subject to the conditions of Articles 57 and 58, measures specifying: the particulars that need to be included in the written contract referred to in paragraph 2; general criteria for assessing whether the prudential regulation and supervision of third countries as referred to in point (b) of paragraph 6 have the same effect as Union law and are effectively enforced; the conditions for performing the depositary functions pursuant to paragraphs 7, 8 and 9, including: the type of financial instruments to be included in the scope of the depositary’s custody duties in accordance with point (a) of paragraph 8; the conditions subject to which the depositary is able to exercise its custody duties over financial instruments registered with a central depositary; and the conditions subject to which the depositary is to safekeep the financial instruments issued in a nominative form and registered with an issuer or a registrar, in accordance with point (b) of paragraph 8; the due diligence duties of depositaries pursuant to point (c) of paragraph 11; the segregation obligation pursuant to point (d)(iii) of paragraph 11; the conditions subject to which and circumstances in which financial instruments held in custody are to be considered as lost; what is to be understood by external events beyond reasonable control, the consequences of which would have been unavoidable despite all reasonable efforts to the contrary pursuant to paragraph 12; the conditions subject to which and circumstances in which there is an objective reason to contract a discharge pursuant to paragraph 13.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-10 · Text as adopted (Official Journal); later amendments are not incorporated in this text.