Article 87a
Accessibility of information on the European single access point
1.
From 10 January 2030, Member States shall ensure that, when making public any information referred to in Article 27(3) and (6), Article 33(3), points (c), (d), and (f), and Article 46(2) of this Directive, investment firms, market operators or issuers submit that information at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (
14
).
Member States shall ensure that the information complies with the following requirements:
(a)
be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation;
(b)
be accompanied by the following metadata:
(i)
all the names of the investment firm, market operator or issuer to which the information relates;
(ii)
the legal entity identifier of the investment firm, market operator or issuer, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;
(iii)
the size of the investment firm, market operator or issuer by category, as specified pursuant to Article 7(4), point (d), of that Regulation;
(iv)
the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;
(v)
an indication of whether the information contains personal data.
2.
For the purposes of paragraph 1, point (b)(ii), Member States shall ensure that investment firms, market operators and issuers obtain a legal entity identifier.
3.
By 9 January 2030, for the purpose of making the information referred to in Article 27(3) and (6) and Article 33(3), points (c), (d), and (f), of this Directive accessible on ESAP, Member States shall designate at least one collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 and notify ESMA thereof.
For the purpose of making the information referred to in Article 46(2) of this Directive accessible on ESAP, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the competent authority.
4.
From 10 January 2030, Member States shall ensure that the information referred to in Article 32(2), first subparagraph, and Articles 52(2) and 71(1) and (2) of this Directive is made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the competent authority.
Member States shall ensure that the information complies with the following requirements:
(a)
be submitted in a data extractable format, as defined in Article 2, point (3), of Regulation (EU) 2023/2859;
(b)
be accompanied by the following metadata:
(i)
all the names of the investment firm or market operator to which the information relates;
(ii)
where available, the legal entity identifier of the investment firm or market operator, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;
(iii)
the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;
(iv)
an indication of whether the information contains personal data.
5.
From 10 January 2030, the information referred to in Article 5(3), Article 18(10), fourth sentence, and Article 58(1) point (a), of this Directive shall be made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be ESMA.
That information shall comply with the following requirements:
(a)
be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859;
(b)
be accompanied by the following metadata:
(i)
all the names of the investment firm or market operator to which the information relates;
(ii)
where available, the legal entity identifier of the investment firm or market operator, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;
(iii)
the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;
(iv)
an indication of whether the information contains personal data.
6.
From 10 January 2030, Member States shall ensure that the information referred to in Article 29(3) of this Directive is made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the public register.
Member States shall ensure that the information complies with the following requirements:
(a)
be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859;
(b)
be accompanied by the following metadata:
(i)
all the names of the tied agent to which the information relates;
(ii)
where available, the legal entity identifier of the tied agent, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;
(iii)
the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;
(iv)
an indication of whether the information contains personal data.
7.
For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, ESMA shall develop draft implementing technical standards to specify the following:
(a)
any other metadata to accompany the information;
(b)
the structuring of data in the information;
(c)
for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used.
For the purposes of point (c), ESMA shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests for that purpose.
ESMA shall submit those draft implementing technical standards to the Commission.
Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1095/2010.
8.
Where necessary, ESMA shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 7, first subparagraph, point (a), are correct.
( 14 ) Regulation (EU) 2023/2859 of the European Parliament and of the Council of 13 December 2023 establishing a European single access point providing centralised access to publicly available information of relevance to financial services, capital markets and sustainability (OL L, 2023/2859, 20.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2859/oj).