Article 48b
Request for information
1.
ESMA may by simple request or by decision require the following persons to provide all necessary information to enable ESMA to carry out its duties under this Regulation:
(a)
persons involved in the provision of benchmarks, as referred to in Article 40(1);
(b)
third parties to whom the persons referred to in point (a) have outsourced functions or activities in accordance with Article 10;
(c)
persons otherwise closely and substantially related or connected to the persons referred to in point (a).
In accordance with Article 35 of Regulation (EU) No 1095/2010 and at the request of ESMA, competent authorities shall submit that request for information to contributors to critical benchmarks referred to in points (a) and (c) of Article 20(1) of this Regulation and shall share the information received without undue delay with ESMA.
2.
Any simple request for information as referred to paragraph 1 shall:
(a)
refer to this Article as the legal basis of that request;
(b)
state the purpose of that request;
(c)
specify what information is required;
(d)
include a time limit within which the information is to be provided;
(e)
include a statement that there is no obligation on the person from whom the information is requested to provide that information but that in the event of a voluntary reply to the request, the information provided must not be incorrect or misleading;
(f)
indicate the amount of the fine to be imposed in accordance with Article 48f where information provided is incorrect or misleading.
3.
When requiring to supply information under paragraph 1 by decision, ESMA shall:
(a)
refer to this Article as the legal basis of that request;
(b)
state the purpose of that request;
(c)
specify what information is required;
(d)
set a time limit within which the information is to be provided;
(e)
indicate the periodic penalty payments provided for in Article 48g where the required information is incomplete;
(f)
indicate the fine provided for in Article 48f, where the answers to the questions asked are incorrect or misleading;
(g)
indicate the right to appeal the decision before ESMA’s Board of Appeal and to have the decision reviewed by the Court of Justice of the European Union (Court of Justice) in accordance with Article 48k of this Regulation and Articles 60 and 61 of Regulation (EU) No 1095/2010.
4.
The persons referred to in paragraph 1 or their representatives and, in the case of legal persons or associations having no legal personality, the persons authorised to represent them by law or by their constitution, shall supply the information requested. Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading.
5.
ESMA shall, without undue delay, send a copy of the simple request or of its decision to the competent authority of the Member State of the persons referred to in paragraph 1.