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Article 19 - (Article 11(14)(d) of Regulation (EU) No 648/2012)

Article 19

(Article 11(14)(d) of Regulation (EU) No 648/2012)

Details of the intragroup transaction notification to ESMA

1.  

The notification by a competent authority of the details of the intragroup transaction shall be submitted to ESMA in writing:

(a) 

within one month of the receipt of the notification with respect to a notification under Article 11(7) or (9) of Regulation (EU) No 648/2012;

(b) 

within one month from the decision being submitted to the counterparty with respect to a decision of the competent authority under Article 11(6), (8) or (10) of Regulation (EU) No 648/2012.

2.  

The notification to ESMA shall include:

(a) 

the information listed in Article 18;

(b) 

whether there is a positive or a negative decision;

(c) 

in the case of a positive decision:

(i) 

a summary of the reason for considering that the conditions set in Article 11(6), (7), (8), (9) or (10) of Regulation (EU) No 648/2012 as applicable are fulfilled;

(ii) 

whether the exemption is a full exemption or a partial exemption with respect to of a notification related to Article 11(6), (8) or (10) of Regulation (EU) No 648/2012;

(d) 

in the case of a negative decision:

(i) 

the identification of the conditions of Article 11(6), (7), (8), (9) or (10) of Regulation (EU) No 648/2012 as applicable that are not fulfilled;

(ii) 

a summary of the reason for considering that such conditions are not fulfilled.