Directive 2013/14/EU of the European Parliament and of the CouncilShow full title

Article 2 Amendments to Directive 2009/65/EC

Article 51 of Directive 2009/65/EC is amended as follows:

(1)

in paragraph 1, the first subparagraph is replaced by the following:

‘1. A management or investment company shall employ a risk-management process which enables it to monitor and measure at any time the risk of the positions and their contribution to the overall risk profile of the portfolio of a UCITS. In particular, it shall not solely or mechanistically rely on credit ratings issued by credit rating agencies as defined in Article 3(1)(b) of Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies(1), for assessing the creditworthiness of the UCITS’ assets.’;

(2)

the following paragraph is inserted:

‘3a. Taking into account the nature, scale and complexity of the UCITS’ activities, the competent authorities shall’ monitor the adequacy of the credit assessment processes of the management or investment companies, assess the use of references to credit ratings, as referred to in the first subparagraph of paragraph 1, in the UCITS’ investment policies and, where appropriate, encourage mitigation of the impact of such references, with a view to reducing sole and mechanistic reliance on such credit ratings.’;

(3)

paragraph 4 is amended as follows:

(a)

point (a) is replaced by the following:

‘(a)

criteria for assessing the adequacy of the risk-management process employed by the management or investment company in accordance with the first subparagraph of paragraph 1;’;

(b)

the following subparagraph is added:

‘The criteria referred to in point (a) of the first subparagraph shall ensure that the management or investment company is prevented from relying solely or mechanistically on credit ratings, as referred to in the first subparagraph of paragraph 1, for assessing the creditworthiness of the UCITS’ assets.’.

(1)

OJ L 302, 17.11.2009, p. 1.’;