Translation of "Instruments alternatifs pouvantêtre utilisés " (French → English) :

(27) The Commission should be empowered to adopt delegated acts in accordance with Article 290 of the Treaty on the Functioning of the European Union, in order to determine the procedures under which AIFM managing portfolios of AIF whose assets under management do not exceed the threshold set out in this Directive may exercise their right to be treated as AIFM covered by this Directive. These delegated acts may also specify the criteria to be used by competent authorities to assess whether AIFM comply with their obligations as regards their conduct of business, the type of conflicts of interests AIFM have to identify, as well as the reasonable steps AIFM are expected to take in terms of internal and organizational procedures in order to ide ...[+++]ntify, prevent, manage and disclose conflicts of interest. They may specify the risk management requirements to be employed by AIFM as a function of the risks which the AIFM incurs on behalf of the AIF that it manages as well as any arrangements needed to enable AIFM to manage the particular risks associated with short selling transactions, including any relevant restrictions that might be needed to protect the AIF from undue risk exposures. They may specify the liquidity management requirements of this Directive and in particular the minimum liquidity requirements for AIF, they may specify the requirements that originators of securitisation instruments have to meet in order for an AIFM to be allowed to invest in such instruments issued after 1 January 2011. They may as well specify the requirements that AIFM have to comply with when investing in such securitisation instruments. They may specify the criteria under which a valuator can be considered independent in the meaning of this Directive. They may specify the conditions under which the delegation of AIFM functions should be approved and the conditions under which the manager could no longer be considered to be the manager of the AIF in case of excessive delegation. They may s ...

Are there alternative or complementary instruments that can be used, such as joint calls for projects, involving where possible the Member States?

In Slovakia the use of instruments other than legislation (co-regulation and in particular self-regulation) is only at an embryonic stage.

The report prepared by the rapporteur, Mr Medina Ortega, focuses on the interinstitutional agreement on 'Better Lawmaking' and, in particular, on the use of the alternative instruments of co-regulation and self-regulation.

The main elements of the agreement are: improvement of inter-institutional co-ordination and of transparency; establishment of a stable framework for the "alternative instruments "; increased use of impact assessment in the Community decision-making process; willingness to set limiting deadlines for the transposition of directives into national law (see OJ C 321 of 31.12.2003 and corrigendum OJ C 4 of 08.01.2004) (see OJ C 321 of 31.12.2003 and corrigendum OJ C 4 of 08.01.2004).

We can also use impact assessments to evaluate the benefits of proposed legislation and equally to look at where co-regulation, self-regulation or soft- law can be useful tools.