Regulation (EC) No 809/2004 is amended as follows:
(1) in Article 1, point 3 is deleted;
(2) in Article 2, the following point 13 is added:
'13. "Rights issue", means any issue of statutory preemption rights which allow for the subscription of new shares and is addressed only to existing shareholders. Rights issue also includes an issue where such statutory pre-emption rights are disabled and replaced by an instrument or a provision conferring near identical rights to existing shareholders when those rights meet the following conditions:
(a) shareholders are offered the rights free of charge;
(b) shareholders are entitled to take up new shares in proportion to their existing holdings, or, in the case of other securities giving a right to participate in the share issue, in proportion to their entitlements to the underlying shares;
(c) the rights to subscribe are negotiable and transferable or, if not, the shares arising from the rights are sold at the end of the offer period for th