Updated 22/10/2024
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Article 1 - Notification to ESMA for the ESMA register

Article 1

Notification to ESMA for the ESMA register

1.   To enable ESMA to establish and maintain the public register referred to in Article 36(1) of Regulation (EU) 2016/1011, competent authorities shall notify ESMA of the information listed in points (a), (c) and (d) of that Article, and of any change to that information, within five working days of the relevant decision.

2.   The relevant decision is whichever one of the following decisions by a competent authority gives rise to the obligation under Regulation (EU) 2016/1011 to notify ESMA of that particular information or change:

(a)

a decision to authorise or register an administrator pursuant to Article 34(6)(a) or (b) of Regulation (EU) 2016/1011;

(b)

a decision to withdraw or suspend the authorisation or registration of an administrator pursuant to Article 35(1) of that Regulation;

(c)

a decision to recognise an administrator located in a third country pursuant to Article 32(5) of that Regulation;

(d)

a decision to suspend or withdraw such recognition pursuant to Article 32(8) of that Regulation;

(e)

a decision to authorise the endorsement of a benchmark or family of benchmarks pursuant to Article 33(3) of that Regulation;

(f)

a decision to require the cessation of the endorsement of a benchmark or family of benchmarks pursuant to Article 33(6) of that Regulation.

Any information or change to that information referred to in paragraph 1 shall be transmitted to ESMA using the ESMA's channel of communication that ensures that completeness, integrity and confidentiality of the information are maintained during the transmission.

3.   Competent authorities and ESMA shall agree on the information technology governing the submission of information to ESMA's website using the ESMA's channel of communication.