L176/28 Official Journal of the European Union 10.7.2010 II (Non-legislative acts) DIRECTIVES COMMISSION DIRECTIVE 2010/42/EU of 1 July 2010 implementing Directive 2009/65/EC of the European Parliament and of the Council as regards certain provisions concerning fund mergers, master-feeder structures and notification procedure (Text with EEA relevance) THE EUROPEAN COMMISSION, (3)  Where the information document pursuant to Having regard to the Treaty on the Functioning of the European Union, Having regard to Directive 2009/65/EC of the European Parlia- Article 43(1) of Directive 2009/65/EC is supplemented by a summary, it should not relieve the UCITS of the obliga- tion to avoid the use of long or technical explanations in the rest of the information document. ment and of the Council of 13 July 2009 on the coordination of (4 The .in.formation to be provided to the unit—holders. of t.he laws, regulations and administrative provisions relating to under- geocggngg EUCCIF{IS ;{grsuant to }? rtlc}lle 43(1). O}If Ellrectlve takings for collective investment in transferable securities | d/ JEC s l;)lu f agi}lme .that}lt fose umt—f (L ers are (UCITS) (1), and in particular Article 43(5), Article 60(6)(a) and (c), already reasonably familiar with the features of the receiv- Articles 61(3) and 62(4), Article 64(4)(a) and Article 95(1) thereof, ing UCITS, .the r1ght§ they enjoy in relation to it, and the manner of its operation. It should therefore focus on the operation of the merger and its potential impact on the receiving UCITS. Whereas: (1) The information to be provided to unit-holders pursuant (5 The way the information pursuant to Articles 43 and 64 to Article 43(1) of Directive 2009/65/EC in the case of a of Directive 2009/65/EC is provided to unit-holders should merger should reflect the different needs of the unit-holders be harmonised. That information aims to enable unit- of the merging and receiving UCITS and assist their holders to make an informed judgement about whether understanding. they want to continue investing or request redemption, where a UCITS is either part of a merger, converts into a feeder UCITS or changes the master UCITS. Unit-holders should be aware of the aforementioned major change the @) The merging UCITS or the receiving UCITS should not be UCITS is undergoing and be in a position to read the infor- required to include information other than that referred to in Article 43(3) of Directive 2009/65/EC and Articles 3 to 5 of this Directive in the information document. The merging UCITS or the receiving UCITS may however add other information of relevance in the context of the pro- posed merger. () OJL 302, 17.11.2009, p. 32. mation. For that reason the information should be person- ally addressed to unit-holders either on paper or in another durable medium such as electronic mail (e-mail). The use of electronic means should allow UCITS to provide the information in a cost-efficient way. This Directive should not require UCITS to directly inform their unit-holders, but should take due account of the specificities in certain Member States in which UCITS or their management com- panies, for legal or practical reasons, are unable to