Directive 2008/23/EC

as it stood on 2008-03-11, permalink: /eu-eurlex/32008l0023/2008-03-11--a5f70c6a2d498a1d9a0a567817926b46d21594b044e8c75ae545e2233d880e5c

Official publisher wording state selected for 2008-03-11. This is the consolidated version dated 2008-03-11. Its interval on Lex's publisher-version axis is publisher version 2008-03-11 → 2008-03-18; that is not a claim about entry into force or application.

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Outline, 3 provisions

art_1 art_2 art_3

art_1 #art_1

Article 1

Directive 2006/49/EC is hereby amended as follows:

1.	Article 41 shall be amended as follows:(a)in paragraph 1 the words ‘in accordance with the procedure referred to in Article 42(2)’ shall be deleted;(b)paragraph 2 shall be replaced by the following:‘2. The measures referred to in paragraph 1, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 42(2).’;
(a)	in paragraph 1 the words ‘in accordance with the procedure referred to in Article 42(2)’ shall be deleted;
(b)	paragraph 2 shall be replaced by the following:‘2. The measures referred to in paragraph 1, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 42(2).’;

Article 41 shall be amended as follows:(a)in paragraph 1 the words ‘in accordance with the procedure referred to in Article 42(2)’ shall be deleted;(b)paragraph 2 shall be replaced by the following:‘2. The measures referred to in paragraph 1, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 42(2).’;

(a)

in paragraph 1 the words ‘in accordance with the procedure referred to in Article 42(2)’ shall be deleted;

(b)

paragraph 2 shall be replaced by the following:‘2. The measures referred to in paragraph 1, designed to amend non-essential elements of this Directive, shall be adopted in accordance with the regulatory procedure with scrutiny referred to in Article 42(2).’;

2.	Article 42 shall be amended as follows:(a)paragraph 2 shall be replaced by the following:‘2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’;(b)paragraphs 3 and 4 shall be replaced by the following:‘3. By 31 December 2010, and, thereafter, at least every three years, the Commission shall review the provisions concerning its implementing powers and present a report to the European Parliament and to the Council on the functioning of those powers. The report shall examine, in particular, the need for the Commission to propose amendments to this Directive in order to ensure the appropriate scope of the implementing powers conferred on the Commission. The conclusion as to whether or not amendment is necessary shall be accompanied by a detailed statement of reasons. If necessary, the report shall be accompanied by a legislative proposal to amend the provisions conferring implementing powers on the Commission’.
(a)	paragraph 2 shall be replaced by the following:‘2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’;
(b)	paragraphs 3 and 4 shall be replaced by the following:‘3. By 31 December 2010, and, thereafter, at least every three years, the Commission shall review the provisions concerning its implementing powers and present a report to the European Parliament and to the Council on the functioning of those powers. The report shall examine, in particular, the need for the Commission to propose amendments to this Directive in order to ensure the appropriate scope of the implementing powers conferred on the Commission. The conclusion as to whether or not amendment is necessary shall be accompanied by a detailed statement of reasons. If necessary, the report shall be accompanied by a legislative proposal to amend the provisions conferring implementing powers on the Commission’.

Article 42 shall be amended as follows:(a)paragraph 2 shall be replaced by the following:‘2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’;(b)paragraphs 3 and 4 shall be replaced by the following:‘3. By 31 December 2010, and, thereafter, at least every three years, the Commission shall review the provisions concerning its implementing powers and present a report to the European Parliament and to the Council on the functioning of those powers. The report shall examine, in particular, the need for the Commission to propose amendments to this Directive in order to ensure the appropriate scope of the implementing powers conferred on the Commission. The conclusion as to whether or not amendment is necessary shall be accompanied by a detailed statement of reasons. If necessary, the report shall be accompanied by a legislative proposal to amend the provisions conferring implementing powers on the Commission’.

(a)

paragraph 2 shall be replaced by the following:‘2. Where reference is made to this paragraph, Article 5a(1) to (4) and Article 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.’;

(b)

paragraphs 3 and 4 shall be replaced by the following:‘3. By 31 December 2010, and, thereafter, at least every three years, the Commission shall review the provisions concerning its implementing powers and present a report to the European Parliament and to the Council on the functioning of those powers. The report shall examine, in particular, the need for the Commission to propose amendments to this Directive in order to ensure the appropriate scope of the implementing powers conferred on the Commission. The conclusion as to whether or not amendment is necessary shall be accompanied by a detailed statement of reasons. If necessary, the report shall be accompanied by a legislative proposal to amend the provisions conferring implementing powers on the Commission’.

art_2 #art_2

Article 2

This Directive shall enter into force on the day following its publication in the Official Journal of the European Union.

art_3 #art_3

Article 3

This Directive is addressed to the Member States.

Provenance and validity dates, identifier, hash

as of	2008-03-11 → this publisher state was selected
publisher state	publisher version 2008-03-11 → 2008-03-18 publisher-asserted
type	DIR Directive 2008/23/EC of the European Parliament and of the Council of 11 March 2008 amending Directive 2006/49/EC on the capital adequacy of investment firms and credit institutions, as regards the implementing powers conferred on the Commission
language	en
published	2008-03-11
lex_id	eu-eurlex:32008l0023:2008-03-11--a5f70c6a2d498a1d9a0a567817926b46d21594b044e8c75ae545e2233d880e5c
record sha256	ca8e8fa5009ad2a7dd2961bfc98465d3a93e5708a59a70912c2cf822cbf5ef7a

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