Updated 18/10/2024
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Article 8 - ESMA report on marketing communications

Article 8

ESMA report on marketing communications

1.   By 31 March 2021 and every second year thereafter, competent authorities shall report the following information to ESMA:

(a)

the number of requests for amendments of marketing communications made on the basis of ex-ante verification, where applicable;

(b)

the number of requests for amendments and decisions taken on the basis of ex-post verifications, clearly distinguishing the most frequent breaches, including a description and the nature of those breaches;

(c)

a description of the most frequent breaches of the requirements referred to in Article 4; and

(d)

one example of each of the breaches referred to in points (b) and (c).

2.   By 30 June 2021 and every second year thereafter, ESMA shall submit a report to the European Parliament, the Council and the Commission which presents an overview of marketing requirements referred to in Article 5(1) in all Member States and contains an analysis of the effects of national laws, regulations and administrative provisions governing marketing communications based also on the information received in accordance with paragraph 1 of this Article.