Grand-ducal Regulation of 3 July 2008 on the official appointment of mechanisms for the central storage of regulated information

In case of discrepancies between the French and the English text, the French text shall prevail Grand-ducal regulation of 3 July 2008 on the official appointment of mechanisms for the central storage of regulated information within the meaning of the law of 11 January 2008 on transparency requirements for issuers of securities Art. 1 Definitions For the purposes of this Grand-ducal regulation, the following definitions shall apply:
(1) “Commission” means the Commission de surveillance du secteur financier; (2) “Law” means the law of 11 January 2008 on transparency requirements for issuers of securities; (3) “OAM” (Officially Appointed Mechanism) means an officially appointed mechanism for the central storage of regulated information, as referred to in article 20(2) of the Law. An OAM receives the regulated information as defined in article 1(10) of the Law relating to issuers whose home Member State is Luxembourg in accordance with article 1(9) of the Law. It indexes and classifies the regulated information received and makes it available to the public by electronic means on an internet site. Art. 2. Appointment of OAMs The following OAMs have been appointed in accordance with article 20(2) of the Law:

• the Société de la Bourse de Luxembourg S.A.
  Art. 3. European Network
  The Commission, in its role as competent authority in accordance with article 22 of the Law, is empowered to contribute at the level of the Committee of European Securities Regulators to the preparation of an agreement on the governance of an electronic network across official mechanisms appointed by the Member States for the central storage of regulated information. Art. 4. Supervision of OAMs The Commission, in its role as competent authority in accordance with article 22 of the Law, is in charge of the supervision of OAMs and shall verify whether an OAM complies with minimum quality standards of security, certainty as to the information source, time recording and easy access by end users. Art. 5. Withdrawal (1) Any OAM shall inform the Minister responsible for the Commission by way of registered letter with acknowledgement of receipt, with a minimum notice period of 1 year, of its intention to no longer hold the position of OAM. (2) The Commission shall inform the Minister responsible for the Commission as soon as it notices that an OAM consistently fails to comply with the minimum quality standards referred to in article 4. 1

Art. 6 Transitional provision
(1) The appointment of the Société de la Bourse de Luxembourg S.A. as OAM shall take effect when the Commission has verified that all the necessary facilities have been put in place, which the Société de la Bourse de Luxembourg S.A. shall complete by 1 January 2009 at the latest. (2) Until the appointment of an OAM, issuers for which Luxembourg is the home Member State in accordance with article 1(9) of the Law are deemed to have fulfilled their obligation to file regulated information with an OAM under article 20(1) of the Law, if they make the regulated information available to the public on their internet site, on an internet site publicly designated by them or on an internet site of a regulated market on which their securities are admitted to trading. Art. 7 Final provision Our Minister for the Treasury and Budget shall execute this regulation, which shall be published in the Mémorial. 2