1. Where safekeeping functions have been delegated wholly or partly to a third party, a depositary shall ensure that the third party, to whom safe-keeping functions are delegated pursuant to Article 21(11) of Directive 2011/61/EU, acts in accordance with the segregation obligation laid down in point (iii) of Article 21(11)(d) of Directive 2011/61/EU by verifying that the third party:

Those principles should not be taken to be exhaustive, either in terms of setting out all details of the depositary’s exercise of due skill care and diligence, or in terms of setting out all the steps that a depositary should take in relation to these principles themselves. The obligation to monitor on an ongoing basis the third party, to whom safekeeping functions have been delegated should consist of verifying that this third party correctly performs all the delegated functions and complies with the delegation contract.

Delegated acts should also be adopted to specify the conditions subject to which the delegation of AIFM functions should be approved and the conditions subject to which the AIFM has delegated its functions to the extent that it becomes a letter-box entity and can no longer be considered to be the manager of the AIF; as regards depositaries, to specify the criteria for assessing that the prudential regulation and supervision of third countries where the depositaries are established have the same effect as Union law and are effectively enforced, the particulars that need to be included in the standard agreement, the conditions for performing the depositary functions, including the type of financial instruments that should be included in the ...[+++]scope of the depositary’s custody duties, the conditions subject to which the depositary may exercise its custody duties over financial instruments registered with a central depositary and the conditions subject to which the depositary should safekeep the financial instruments issued in a nominative form and registered with an issuer or a registrar, the due diligence duties of depositaries, the segregation obligation, the conditions subject to and circumstances in which financial instruments held in custody should 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, and the conditions subject to and circumstances in which there is an objective reason to contract a discharge of liability.

A number of amendments may be mentioned which are important for our committee: for example, the replacement of the flexible week by the calendar week (Amendments 1 and 33); the fact that a weekly rest period that falls in two weeks may now only be counted for one of the two weeks (44); the obligation for other links in the transport chain to comply with the regulation (48); the fact that Member States are entitled to exempt postal delivery (54) and the transport of animal waste (58) at national level from the scope of the regulation; the obligation of undertakings to preserve all data relevant for the application of the regulation ov ...[+++]er a period of one year (62) and, finally, the possibility of taking a vehicle into safekeeping in the event of serious infringements (65).

It establishes a general system of strict obligations governing investments, capital requirements and disclosure obligations, as well as the safekeeping of assets and supervision of the funds.

It establishes a general system of strict obligations governing investments, capital requirements and disclosure obligations, as well as the safekeeping of assets and supervision of the funds.