Recital 6

(6)A reference to Directive 2003/71/EC of the European Parliament and of the Council ⁵ was removed from Article 19(1), point (a), of Regulation (EU) 2017/1129. As a result of that change, it was no longer possible to incorporate by reference documents which have been approved by a competent authority, or filed with it in accordance with Directive 2003/71/EC. That impacted fungible issuances of non-equity securities that were originally offered to the public or admitted to trading on a regulated market under Directive 2003/71/EC, since the terms and conditions of those securities were normally incorporated by reference into the prospectus approved under Regulation (EU) 2017/1129. To avoid increasing issuers’ administrative burden, it is necessary to lay down a list of additional documents that may be incorporated by reference into prospectuses, beyond those listed in Article 19(1) of Regulation (EU) 2017/1129. That would make it possible to include documents which have been approved by a competent authority, or filed with it, in accordance with Directive 2003/71/EC, so as to maintain the pre-existing requirements and avoid duplication of information that has already been disclosed and published under other Union law.