Article 17a | ESMA Regulation | Regulation 1095/2010 | judict

Updated 21/12/2024

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Version from: 12/08/2022

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Article 17a

Article 17a - Protection of reporting persons

Article 17a

Protection of reporting persons

1.

The Authority shall have in place dedicated reporting channels for receiving and handling information provided by a natural or legal person reporting on actual or potential breaches, abuse of law, or non-application of Union law.

2.

The natural or legal persons reporting through those channels shall be protected against retaliation in accordance with Directive (EU) 2019/1937 of the European Parliament and of the Council ( 11 ), where applicable.

3.

The Authority shall ensure that all information may be submitted anonymously or confidentially, and safely. Where the Authority deems that the submitted information contains evidence or significant indications of a material breach, it shall provide feedback to the reporting person.

( 11 ) Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons who report breaches of Union law (OJ L 305, 26.11.2019, p. 17).

Table of contents

CHAPTER I - ESTABLISHMENT AND LEGAL STATUS (Article 1-7)

CHAPTER II - TASKS AND POWERS OF THE AUTHORITY (Article 8-39)Article 8 - Tasks and powers of the Authority Article 9 - Tasks related to consumer protection and financial activities Article 9a - No action letters Article 10 - Regulatory technical standards Article 11 - Exercise of the delegation Article 12 - Revocation of the delegation Article 13 - Objections to regulatory technical standards Article 14 - Non-endorsement or amendment of draft regulatory technical standards Article 15 - Implementing technical standards Article 16 - Guidelines and recommendations Article 16a - Opinions Article 16b - Questions and answers Article 17 - Breach of Union law Article 17a - Protection of reporting persons Article 18 - Action in emergency situations Article 19 - Settlement of disagreements between competent authorities in cross-border situations Article 20 - Settlement of disagreements between competent authorities across sectors Article 21 - Colleges of supervisors Article 22 - General provisions on systemic risk Article 23 - Identification and measurement of systemic risk Article 24 - Permanent capacity to respond to systemic risks Article 25 - Recovery and resolution procedures Article 26 - European system of national Investor Compensation Schemes Article 27 - European system of resolution and funding arrangements Article 28 - Delegation of tasks and responsibilities Article 29 - Common supervisory culture Article 29a - Union strategic supervisory priorities Article 30 - Peer reviews of competent authorities Article 31 - Coordination function Article 31a - Information exchange on fitness and propriety GL Article 31b - Coordination function in relation to orders, transactions and activities with significant cross-border effects Article 32 - Assessment of market developments, including stress tests Article 33 - International relations including equivalence Article 34 - Other tasks [repealed]Article 35 - Collection of information Article 36 - Relationship with the ESRB Article 37 - Securities and Markets Stakeholder Group Article 38 - Safeguards Article 39 - Decision-making procedures

CHAPTER III - ORGANISATION (Article 40-53)

CHAPTER IV - JOINT BODIES OF THE EUROPEAN SUPERVISORY AUTHORITIES (Article 54-59)

CHAPTER V - REMEDIES (Article 60-61)

CHAPTER VI - FINANCIAL PROVISIONS (Article 62-66)

CHAPTER VII - GENERAL PROVISIONS (Article 67-75)

CHAPTER VIII - TRANSITIONAL AND FINAL PROVISIONS (Article 76-82)