Article 48m
Delegation of tasks by ESMA to competent authorities
1.
Where necessary for the proper performance of a supervisory task, ESMA may delegate specific supervisory tasks to the competent authority of a Member State in accordance with the guidelines issued by ESMA pursuant to Article 16 of Regulation (EU) No 1095/2010. Such specific supervisory tasks may, in particular, include the power to carry out requests for information in accordance with Article 48b and to conduct investigations and on-site inspections in accordance with Article 48c and Article 48d.
By way of derogation from the first subparagraph, the authorisation of critical benchmarks shall not be delegated.
2.
Prior to the delegation of a task in accordance with paragraph 1, ESMA shall consult the relevant competent authority about:
(a)
the scope of the task to be delegated;
(b)
the timetable for the performance of the task; and
(c)
the transmission of necessary information by and to ESMA.
3.
In accordance with the delegated act adopted pursuant to Article 48l(3), ESMA shall reimburse a competent authority for costs incurred as a result of carrying out delegated tasks.
4.
ESMA shall review any delegation made in accordance with paragraph 1 at appropriate intervals. A delegation may be revoked at any time.
5.
A delegation of tasks shall not affect the responsibility of ESMA nor limit ESMA’s ability to conduct and oversee the delegated activity.