lexiara

(7)

Article 9 is amended as follows: paragraph 6 is replaced by the following: ‘6. This Article shall not apply to voting rights held in the trading book, as defined in Article 11 of 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 OJ L 177, 30.6.2006, p. 201.’; , of a credit institution or investment firm provided that: (a) the voting rights held in the trading book do not exceed 5 %; and (b) the voting rights attached to shares held in the trading book are not exercised or otherwise used to intervene in the management of the issuer. the following paragraphs are inserted: ‘6a. This Article shall not apply to voting rights attached to shares acquired for stabilisation purposes in accordance with 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 OJ L 336, 23.12.2003, p. 33.’; , provided the voting rights attached to those shares are not exercised or otherwise used to intervene in the management of the issuer. 6b. ESMA shall develop draft regulatory technical standards to specify the method of calculation of the 5 % threshold referred to in paragraphs 5 and 6, including in the case of a group of companies, taking into account Article 12(4) and (5). ESMA shall submit those draft regulatory technical standards to the Commission by 27 November 2014. Power is delegated to the Commission to adopt the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.