Regulations, 2017
Table of Provisions (14)
Statutory Text (14 Articles)
Suppliment tal-Gazzetta tal-Gvern ta’ Malta Nru. 19,925, 22 ta’ Diċembru, 2017
Taqsima B
L.N. 397 of 2017
Investment Services Act
(Cap. 370)
European Passport Rights for Investment Firms (Amendment)
Regulations, 2017
IN EXERCISE of the powers conferred by article 12 of the
Investment Services Act, the Minister responsible for the regulation of
financial services, acting on the advice of the Malta Financial Services
Authority, has made the following regulations:-
(1) The title of these regulations is the European Passport Title and
Rights for Investment Firms (Amendment) Regulations, 2017 and commencement.
these regulations shall be read and construed as one with the European S.L. 370.10.
Passport Rights for Investment Firms Regulations, hereinafter referred
to as "the principal regulations".
(2)
These regulations shall come into force on 3rd January
2018.
In sub-regulation (2) thereof, for the words, "Articles 31, Amends
32, 61 and 62 of the Directive,", there shall be substituted the words, regulation
the principal
"Article 4(1) paragraph (30), Articles 34(1)–(5), 35(1)-(10), 85 and regulations.
86(1), (2) and (4) of MiFID,".
Regulation 2 thereof shall be amended as follows
Amends
regulation 2 of
the principal
(a) for the definition "ancillary service" there shall be
regulations.
substituted the following
" "ancillary service" means any of the services listed
within the Third Schedule to the Act;";
(b) in the definition "branch", for the words, "which
provides the services for which the investment firm has been
authorised", there shall be substituted the words, "which
provides investment services and which may also perform
ancillary services for which the investment firm has been
authorised";
(c) in the definition "competent authority", for the words,
"appointed under Article 2A of the Act;", there shall be
substituted the words, "established by the Malta Financial Cap. 330.
Services Authority Act;";
(d)
immediately
after
the
definition
"competent
authority", as amended, there shall be inserted the following new
definition
" "Conduct of Business Rules" refers to Rules issued
by the competent authority under various articles of the
Act;";
(e) in the definition "core investment service", for the
words, "the Directive", there shall be substituted the word,
"MiFID";
(f)
the definition "Directive" shall be deleted;
(g) immediately after the definition "core investment
service", there shall be inserted the following new definitions
" "ESMA" means the European Securities and
Markets Authority;
"European credit institution" shall have the same
meaning assigned to it by regulation 2 of the European
Passport Rights for Credit Institutions Regulations;";
(h)
in the definition "European investment firm"
a.
for the words, "article 4 (1) of the Directive",
there shall be substituted the words, "article 4 (1) of
MiFID"; and
b.
for the words, "article 5 of the Directive", there
shall be substituted the words, "article 5 of MiFID";
(i) for paragraph (b) of the definition "European right"
there shall substituted the following
"(b) subject to the requirements of MIFID and subject
to any regulations made under the Act and, or Investment
Services Rules and, or Conduct of Business Rules issued by
the competent authority in terms of article 6 of the Act,
implementing such requirements as may be applicable.";
(j) in the definition "investment firm", for the words, "the
Directive", wherever it occurs there shall be substituted the
word, " MiFID"; and
(k) immediately after the definition "Maltese investment
firm", there shall be inserted the following new definitions
" "MiFID" means Directive 2014/65/EU of the
European Parliament and of the Council of 15 May 2014 on
markets in financial instruments and amending Directive
2002/92/EC and Directive 2011/61/EU, as amended from
time to time, and includes any implementing measures that
have been or may be issued thereunder;
"Regulation (EU) No 600/2014" means Regulation
(EU) No 600/2014 of the European Parliament and of the
Council of 15 May 2014 on markets in financial
instruments and amending Regulation (EU) No 648/2012,
as amended from time to time;
"Regulation (EU) No 1095/2010" means Regulation
(EU) No 1095/2010 of the European Parliament and of the
Council of 24 November 2010 establishing a European
Supervisory Authority (European Securities and Markets
Authority), amending Decision No 716/2009/EC and
repealing Commission Decision 2009/77/EC, as amended
from time to time;".
Regulation 3 thereof shall be amended as follows
Amends
regulation 3 of
the principal
(a) sub-regulation (1) thereof shall be substituted by the
regulations.
following
"(1) A European investment firm which is seeking to
provide investment services and, or activities as well as
ancillary services in Malta, either through the
establishment of a branch in Malta in exercise of its
European right or by the use of a tied agent established in
Malta, shall satisfy the conditions prescribed in sub-
regulation (2) and shall thereafter be exempt from the
requirements prescribed in article 3 of the Act
Provided that the European investment firm shall be
exempt from the provisions of article 3 of the Act if those
investment services are covered by the authorisation
granted to the investment firm in the home Member State or
EEA State;
Provided further that ancillary services may only be
provided together with an investment service.";
(b)
sub-regulation (2) thereof shall be amended as
follows
(i)
in sub-paragraph (i) of paragraph (a) thereof,
immediately after the words, "branch in Malta", there shall
be added the words, "or that it has not established a branch
in Malta but plans to use tied agents established in Malta";
(ii) sub-paragraph (iii) of paragraph (a) thereof,
shall be substituted with the following
"(iii) where established the organizational
structure of the branch and indicating whether the
branch intends to use tied agents and the identity of
those tied agents;";
(iii) sub-paragraphs (iv) and (v) thereof shall be
renumbered as sub-paragraphs (v) and (vi) respectively;
(iv) immediately after sub-paragraph (iii) thereof, as
amended, there shall be inserted the following new sub-
paragraph (iv)
"(iv) where tied agents are to be used and the
investment firm has not established a branch in
Malta, a description of the intended use of the tied
agents and an organisational structure including
reporting lines, indicating how the agents fit into the
corporate structure of the investment firm;";
(v) in sub-paragraph (vi) thereof, as renumbered,
for the words, "of the branch;", there shall be substituted
the words, "of the branch or of the tied agent;";
(vi) in sub-paragraph (ii) of paragraph (b) of sub-
regulation (2) thereof, for the words, "Directive 97/9/EC.",
there shall be substituted the words, "Directive 97/9/EC
Provided that in the event of change in the
particulars, the competent authority shall receive
notification thereof from the European regulatory
authority of the European investment firm.";
(c) in sub-regulation (4) thereof, for the words,
"Investment Services Rules", there shall be substituted the
words, "Investment Services Rules, Conduct of Business Rules
(d) immediately after sub-regulation (4) thereof, as
amended, there shall be inserted the following new sub-
regulation (5)
"(5) The provisions of this regulation shall also
apply, mutatis mutandis, to credit institutions authorised in
another Member State or EEA State wishing to provide
investment services as well as ancillary services through
tied agents in accordance with Article 35(7) of MiFID, and
accordingly references in this regulation to a "European
investment firm" shall be deemed to include references to a
"European credit institution"".
Regulation 4 thereof shall be amended as follows
Amends
regulation 4 of
the principal
(a)
in sub-regulation (1) thereof
regulations.
(i) immediately after the words, "provide
services", there shall be inserted the words, "and, or
perform investment services as well as ancillary services";
(ii) for the words, "of the Act,", there shall be
substituted the words, "of the Act
Provided that ancillary services may only be
provided together with an investment service.";
(b)
sub-regulation (2) thereof shall be amended as
(i) for sub-paragraph (ii) of paragraph (a) thereof,
there shall be substituted the following
"(ii) a programme of operations stating in
particular the investment services as well as ancillary
services which it intends to provide in Malta and
whether it intends to do so through the use of tied
agents, established in its home Member State or EEA
State. Where the European investment firm intends to
use tied agents, it shall communicate the identity of
those tied agents;"; and
(ii)
in the proviso to paragraph (b) thereof
a.
for the words, "may request the European
regulatory authority to disclose to it", there shall be
substituted the words, "shall, within one month of
receipt of all information, receive from the European
regulatory authority of the home Member State"; and
b.
for the words, "the competent authority
may publish", there shall be substituted the words,
"the competent authority shall publish"; and
(c) immediately after sub-regulation (2) thereof, there
shall be inserted the following new sub-regulations (3), (4) and
"(3) Upon receipt of the information referred to in
sub-regulation (2) by the competent authority, the European
investment firm may start to provide the investment
services concerned in Malta.
(4) The provisions of this regulation shall also
apply, mutatis mutandis, to credit institutions authorised in
another Member State or EEA State wishing to provide
investment services as well as ancillary services through
tied agents in accordance with Article 34(1) of MiFID, and
accordingly references in this regulation to a "European
investment firm" shall be deemed to include reference to a
"European credit institution.".
(5) The procedure outlined in this regulation shall
also be applicable where a European investment firm
wishes to change the range of services so provided in the
exercise of a European right.".
Regulation 5 thereof shall be amended as follows
(1) in sub-regulation (1) thereof for the words, "on its activities
in Malta.", there shall be substituted the words, "on the activities of the
branch in Malta."; and
(2)
in sub-regulation (2) thereof
(a) for the words "the Directive", there shall be
substituted the word " MiFID";
(b) for the words, "compliance with Investment Services
Rules", there shall be substituted the words, "compliance with
Investment Services Rules and, or Conduct of Business Rules";
(c) in the proviso thereof, for the words, "said Investment
Services Rules.", there shall be substituted the words, "said
Investment Services Rules and, or Conduct of Business Rules.".
Regulation 6 thereof, shall be substituted by the following
Substitutes
regulation 6 of
the principal
"6. (1) The competent authority shall assume
regulations.
responsibility for ensuring that in providing investment or
ancillary services in Malta, the branch of a European investment
firm complies with the obligations laid down in Articles 24, 25,
27 and 28 of MiFID as transposed in the Conduct of Business
Rules issued by the competent authority and Articles 14 to 26 of
Regulations (EU) No 600/2014 and the measures adopted
pursuant thereto by the competent authority where allowed in
accordance with Article 24(12) of MiFID
Provided that the competent authority shall not impose any
additional requirements save those allowed under sub-regulation
(1) on the organisation and operation of the branch of the
European investment firm in respect of the matters covered by
these regulations.
(2) The competent authority shall have the right to
examine branch arrangements of the European investment firm
and to request such changes as are strictly needed to enable it to
enforce the obligations laid down in Articles 24, 25, 27 and 28 of
MiFID as transposed in the Conduct of Business Rules issued by
the competent authority and Article 14 to 26 of Regulations (EU)
No 600/2014 and the measures adopted pursuant thereto by the
competent authority with respect to the services provided by the
branch in Malta.
(3) Without prejudice to the possibility of the European
Regulatory Authority of the European investment firm
establishing a branch in Malta in exercise of a European right to
have direct access to records it is required to hold in terms of
Article 6 and 7 of MIFID, the competent authority shall enforce
the obligations laid down in the said Articles of MiFID with
regard to transaction taken by such branch.".
Regulation 8 thereof shall be amended as follows
Amends
regulation 8 of
the principal
(a) for sub-regulation (1) thereof, there shall be
regulations.
substituted the following
"(1) A Maltese investment firm may provide
investment services as well as ancillary services whether
through the establishment of a branch in exercise of a
European right, or by the use of a tied agent established in a
Member State or EEA State other than Malta in which it
has not established a branch, if it satisfies the requirements
prescribed in this regulation.";
(b)
sub-regulation (2) thereof shall be amended as
(i) immediately after the words, "its intention to
establish a branch", there shall be inserted the words, "or
use tied agents established in a Member State or EEA State
other than Malta in which it has not established a branch,";
(ii) in paragraph (a) thereof, for the words, "plans to
establish a branch;", there shall be substituted the words,
"plans to establish a branch or the Member State or EEA
State in which it has not established a branch but plans to
use tied agents established there;";
(iii) in paragraph (b) thereof, the words "through the
branch, indicating whether it intends to use tied agents;",
there shall be substituted the words, "through the branch as
well as the ancillary services to be offered;";
(iv) for paragraph (c) thereof there shall be
substituted the following
"(c) the address in the host Member State or
EEA State from where documents may be obtained;";
(v) for paragraph (d) thereof, there shall be
substituted the following
"(d) where established, the organisational
structure of the branch and indicating whether the
branch intends to use tied agents and the identity of
those tied agents;";
(vi) paragraph (e) thereof shall be renumbered as
paragraph (g); and
(vii) immediately after paragraph (d) thereof, as
amended, there shall be inserted the new paragraphs (e) and
"(e) where tied agents are to be used in the host
Member State or EEA State in which the Maltese
investment firm has not established a branch, a
description of the intended use of the tied agents and
an organisational structure, including reporting lines,
indicating how the agents fit into the corporate
structure of the Maltese investment firm;
(f) the names of those responsible for the
management of the branch or of the tied agent;";
(c) in sub-regulation (3) thereof, for the words, "the
Maltese investment firm.", there shall be substituted the words,
"the Maltese investment firm and shall inform the Maltese
investment firm concerned accordingly.";
(d) in sub-regulation (4) thereof, for the words, "The
competent authority shall communicate", there shall be
substituted the words, "In addition to the information referred to
in sub-regulation (2), the competent authority shall
communicate"; ,";
(e) in sub-regulation (9) thereof, for the words, "the
Directive", there shall be substituted the word " MiFID";
(f) in sub-regulation (10) thereof, for the words, "the
Directive", there shall be substituted the word, "MiFID"; and
(g) immediately after sub-regulation (10) thereof, as
amended, there shall be inserted the following new sub-
regulation (11)
"(11) The provisions of this regulation shall also
apply, mutatis mutandis, to credit institutions authorised in
Malta wishing to provide investment services as well as
ancillary services through tied agents, in accordance with
Article 35(7) of MiFID, and accordingly references in this
regulation to a "Maltese investment firm" shall be deemed
to include reference to a "Maltese credit institution.".".
Regulation 10 thereof shall be amended as follows
Amends
regulation 10 of
the principal
(a) in sub-regulation (1) thereof, the words "to provide
regulations.
services", shall be substituted by the words, "to provide
investment services including ancillary services";
(b) for paragraph (a) of sub-regulation (2) thereof, there
shall be substituted the following
"(a) a programme of operations stating in particular
the investment services as well as ancillary services which
it intends to provide in the territory of that Member State or
EEA State and whether it intends to do so through the use
of tied agents established in Malta. Where the Maltese
investment firm intends to use tied agents it shall
communicate to the competent authority the identity of
those agents;";
(c) in paragraph (b) of sub-regulation (2) thereof, for the
words, "to operate.", there shall be substituted the words, "to
operate
Provided that the information referred to in sub-
regulation (2) shall also be provided where the Maltese
investment firm wishes to change the range of service
already provided.";
(d) in sub-regulation (3) thereof, the words, "If the
European right of the Maltese investment firm derives from the
Directive, the competent authority shall," there shall be
substituted the words, "The competent authority shall,";
(e)
in sub-regulation (6) thereof
(i) immediately after the words, "tied agents in the
host Member State or EEA State,", there shall be inserted
the words, "in which it intends to provide services";
(ii) for the words "at the request of the European
regulatory authority and within a reasonable time
communicate", there shall be substituted the words, "within
one month from receipt of all information communicate to
the European regulatory authority"; and
(iii) for the words, "may make public" there shall be
substituted the words, "shall make public"; and
(f) immediately after sub-regulation (6) thereof, as
amended, there shall be inserted the following new sub-
regulation (7)
"(7) The provisions of this regulation shall also
apply, mutatis mutandis, to credit institutions authorised in
Malta wishing to provide investment services as well as
ancillary services through tied agents, in accordance with
Article 34 (1) of MiFID, and accordingly references in this
regulation to a "Maltese investment firm" shall be deemed
to include reference to a "Maltese credit institution".".
Regulation 12 thereof, shall be substituted by the
following
"12. (1) Where the competent authority has clear and
demonstrable grounds for believing
(a) that a European investment firm providing
services in Malta, in exercise of a European right, infringes
the obligations arising from the provisions of the Act or any
regulations issued thereunder or of any Investment Services
Rules or Conduct of Business Rules issued by the
competent authority, transposing the requirements of
MIFID; or
(b)
that a European investment firm that has
established a branch in Malta, in exercise of a European
right, infringes the obligations arising from the provisions
of the Act or regulations issued thereunder or of any
Investment Services Rules or Conduct of Business Rules
issued by the competent authority transposing the
requirements of MIFID which do not confer powers on the
competent authority, it shall refer those findings to the
European regulatory authority.
(2) If, despite the measures taken by the European
regulatory authority or because such measures prove inadequate,
the European investment firm persists in acting in a manner that
is clearly prejudicial to the interests of Maltese investors or the
orderly functioning of the markets, the following shall apply
(a) after informing the European regulatory
authority, the competent authority shall take all the
appropriate measures needed in order to protect investors
and the proper functioning of the markets, which shall
include the possibility of preventing offending European
investment firms from initiating any further transactions in
Malta. The competent authority shall also inform the
European Commission and ESMA of such measures
without undue delay; and
(b) the competent authority may refer the matter to
ESMA which may act in accordance with the powers
conferred on it under Article 19 of the Regulation (EU) No.
1095/2010.
(3) Where the competent authority ascertains that a
European investment firm that has a branch in Malta infringes
the provisions of the Act or regulations issued thereunder or of
any Investment Services Rules or Conduct of Business Rules
issued by the competent authority and which confer powers on
the competent authority, it shall require the European investment
firm concerned to put an end to its irregular situation.
(4) If the European investment firm concerned fails to
take the necessary steps, the competent authority shall take all
appropriate measures to ensure that the European investment
firm concerned puts an end to its irregular situation. The nature
of those measures shall be communicated to the European
regulatory authority.
(5) Where, despite the measures taken by the competent
authority, the European investment firm persists in breaching the
provisions of the Act or regulations issued thereunder or any of
Investment Services Rules or Conduct of Business Rules issued
by the competent authority, the competent authority shall, after
informing the European regulatory authority take all the
appropriate measures needed to protect investors and the proper
functioning of the markets. The competent authority shall inform
the European Commission and ESMA of such measures without
undue delay. In addition, the competent authority may refer the
matter to ESMA, which may act in accordance with the powers
conferred on it under Article 19 of the Regulation (EU) No 1095/
2010. (6) Any measure adopted pursuant to this regulation shall
be communicated to the European investment firm concerned in
writing, together with reasons justifying such measures and shall
be subject to a right of appeal to the Tribunal and the provisions
of article 19 of the Act shall apply mutatis mutandis.".
Immediately following regulation 13 thereof, there shall be
inserted the following
"Part V
Administrative Penalties, other administrative measures and
Appeals
(1) Where a person falling within the scope of these
regulations fails to comply with any provisions of such
regulations or of any Investment Services Rules or Conduct of
Business Rules issued by the competent authority further
implementing such regulations, the competent authority may, by
notice in writing and without recourse to a court hearing, impose
on such person an administrative penalty and any administrative
measure in accordance with the provisions of the Investment
Services Act and Banking Act (MiFID and MiFIR
Administrative Penalties, Measures and Investigatory Powers)
Regulations, 2017.
(2)
A right of appeal to the Financial Services Tribunal
shall lie from the decisions which the competent authority shall
take under these regulations and the provisions of article 19 of
the Act shall apply mutatis mutandis.".
Schedule 1 thereof shall be amended as follows
Amends
Schedule 1 of
the principal
(a) in paragraph (1) of Section B thereof, for the words,
regulations.
"cash/collateral management;", there shall be substituted the
words, "cash/collateral management and excluding maintaining
securities accounts at the top tier level;"; and
(b)
Section C thereof shall be amended as follows
(i) in paragraph (4) thereof, immediately after the
words, "interest rates and yields,", there shall be inserted
the words, "emission allowances,";
(ii) in paragraph (5) thereof, for the words,
"forward rate agreements", there shall be substituted the
word, "forwards";
(iii) in paragraph (6) thereof, for the words, "and, or
Multilateral Trading Facility;" there shall be substituted the
words, "an MTF, or an OTF except for wholesale energy
products traded on an OTF that must be physically
settled;";
(iv) in paragraph (7) thereof, the words "having
regard to whether, inter alia, they are cleared and settled
through recognised clearing houses or are subject to regular
margin calls" shall be deleted; and
(v)
in paragraph (10) thereof
a.
the words "emission allowances or" shall
be deleted; and
b. for the words "or a Multilateral Trading
Facility, are cleared and settled through recognised
clearing houses or are subject to regular margin
calls.", there shall be substituted the words, "or on an
OTF or an MTF.".
Schedule 2 thereof shall be amended as follows
Schedule 2 of
the principal
(a) for the words "This Directive shall not apply to:", there
regulations.
shall be substituted the words "MiFID shall not apply to:";
(b) for paragraph (a) thereof, there shall be substituted
the following
"(a) insurance undertaking or undertakings carrying
out the reinsurance and retrocession activities referred to in
Directive 2009/138/EC when carrying out the activities
referred to in this Directive 2009/138/EC;";
(c) for paragraph (d) thereof, there shall be substituted
the following
"(d) persons dealing on own account in financial
instruments other than commodity derivatives or emission
allowances or derivatives thereof and not providing any
other investment services or performing any other
investment activities in financial instruments other than
commodity derivatives or emission allowances or
derivatives thereof unless such persons
(i)
are market makers;
(ii) are members of or participants in a regulated
market or an MTF or have direct electronic access to a
trading venue;
(iii)
apply
a
high-frequency
algorithmic
trading technique; or
(iv)
deal on own account when executing
client orders:"
Persons exempt under paragraphs (a), (i) or (j) are not
required to meet the conditions laid down in this paragraph
in order to be exempt.";
(d) paragraphs (e) to (n) thereof shall be renumbered as
paragraphs (f) to (o) respectively;
(e) immediately after paragraph (d) thereof there shall be
inserted the following new paragraph (e)
"(e) operators with compliance obligations under
Directive 2003/87/EC who, when dealing in emission
allowances, do not execute client orders and who do not
provide any investment services or perform any investment
activities other than dealing on own account, provided that
those persons do not apply a high-frequency algorithmic
trading technique;";
(f) for paragraph (h) thereof, as renumbered, there shall
be substituted the following
"(h) the members of the ESCB and other national
bodies performing similar functions in the Union, other
public bodies charged with or intervening in the
management of the public debt in the Union and
international financial institutions established by two or
more Member State which have the purpose of mobilizing
funding and providing financial assistance to the benefit of
their members that are experiencing or threatened by severe
financing problems;";
(g) in paragraph (i) thereof, as renumbered, for the
words, "at Community level", there shall be substituted the
words, "at Union level";
(h) for paragraph (j) thereof, as renumbered, there shall
be substituted the following
"(j) persons
(i) dealing on own account, including market
makers, in commodity derivatives or emission allowances
or derivatives thereof, excluding persons who deal on own
account when executing client orders; or
(ii) providing investment services, other than
dealing on own account, in commodity derivatives or
emission allowances or derivatives thereof to the customers
or suppliers of their main business;
provided that
- for each of those cases individually and on an
aggregate basis this is an ancillary activity to their
main business, when considered on a group basis, and
that main business is not the provision of investment
services within the meaning of MiFID or banking
activities under Directive 2013/36/EU, or acting as a
market-maker in relation to commodity derivatives,
- those persons do not apply a high-frequency
algorithmic trading technique; and
- those persons notify annually the relevant
competent authority that they make use of this
exemption and upon request report to the competent
authority the basis on which they consider that their
activity under points (i) and (ii) is ancillary to their
main business;";
(i) in paragraph (k) thereof, as renumbered, for the
words "this Directive", there shall be substituted the word, "
MiFID";
(j) for paragraph (l) as renumbered there shall be
substituted the following
"(l) associations set up by Danish and Finnish
pension funds with the sole aim of managing the assets of
pension funds that are members of those associations;";
(k) for paragraph (m) thereof, as renumbered, there shall
be substituted the following
"(m) ‘agenti di cambio’ whose activities and
functions are governed by Article 201 of Italian Legislative
Decree No 58 of 24 February 1998;";
(l) for paragraph (n) thereof, as renumbered, there shall
be substituted the following
"(n) transmission system operators as defined in
Article 2(4) of Directive 2009/72/EC or Article 2(4) of
Directive 2009/73/EC when carrying out their tasks under
these Directives, under Regulation (EC) No 714/2009,
under Regulation (EC) No 715/2009 or under network
codes or guidelines adopted pursuant to those Regulations,
any persons acting as service providers on their behalf to
carry out their task under those legislative acts or under
network codes or guidelines adopted pursuant to those
Regulations, and any operator or administrator of an energy
balancing mechanism, pipeline network or system to keep
in balance the supplies and uses of energy when carrying
out such tasks.
That exemption shall apply to persons engaged in the
activities set out in this point only where they perform
investment activities or provide investment services
relating to commodity derivatives in order to carry out
those activities. That exemption shall not apply with regard
to the operation of a secondary market, including a
platform for secondary trading in financial transmission
rights;"; and
(m) for paragraph (o) thereof, as renumbered, there shall
be substituted the following
"(o) CSDs that are regulated as such under Union
law to the extent that they are regulated under that Union
law.".
€0.81