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Following consultation CESR/10-411, ESMA has decided to reissue CESR’s recommendations for the consistent implementation of the European Commission’s Regulation on Prospectuses nº 809/2004 (CESR/05-054b) published in January 2005 with an update of paragraphs 131-133 of the recommendations included in the previous document published in January 2005 (CESR/05-054b).
The recommendations have not, however, been adopted as recommendations under Article 16 of the ESMA Regulation and therefore the ‘comply or explain’ mechanism established under that Article does not apply.