(1)

It should be ensured that the information that competent authorities are to publish on their websites about the applicable national laws, regulations and administrative provisions governing marketing requirements for alternative investment funds (AIFs) and undertakings for collective investment in transferable securities (UCITS) is comparable. Competent authorities should therefore use templates for the publication of such information.

(2)

The summaries of the applicable national laws, regulations and administrative provisions governing marketing requirements for AIFs and UCITS should be easily accessible. Competent authorities should therefore publish those summaries on the same webpage on which those applicable national laws, regulations and administrative provisions are published. Such summaries should be clear, concise and easily comprehensible.

(3)

Alternative investment fund managers (AIFMs), European venture capital funds (EuVECA) managers, European social entrepreneurship funds (EuSEF) managers and UCITS management companies should be able to assess in advance the overall cost of cross-border activities within each Member State. To ensure comparability of the fees and charges levied by competent authorities for carrying out their duties in relation of such cross-border activities, those fees and charges, or the essential elements for the calculation of such fees or charges, should be presented in the form of a table.

(4)

The European Securities and Markets Authority (ESMA) should be able to verify whether it has received all information about the national provisions governing the marketing requirements for AIFs and UCITS and about the summaries thereof, and about the fees and charges levied in connection with cross-border activities of AIFMs, EuVECA managers, EuSEF managers and UCITS management companies. ESMA should equally be able to verify whether that information is complete and up to date. Competent authorities should therefore, when notifying ESMA about the hyperlinks to the websites where that information can be found, use standardised forms.

(5)

Both ESMA and the competent authorities should designate a single contact point for sending and receiving information on hyperlinks to their websites where information on national provisions governing marketing requirements for AIFs and UCITS are published.

(6)

Article 12(1) of Regulation (EU) 2019/1156 requires ESMA to publish on its website, by 2 February 2022, a central database containing all AIFs, AIFM, EuSEF managers, EuVECA managers, UCITS and UCITS management companies that are marketed in a Member State other than the home Member State. That central database is to be fed with information provided by the competent authorities no later than five working days after the end of every quarter ending on 31 March, 30 June, 30 September and 31 December. Therefore, any requirements concerning the provision of such information in the central database by the competent authorities should not start to apply before 2 February 2022.

(7)

In order for the notification portal referred to in Article 13(2) of Regulation (EU) 2019/1156 to function smoothly, it is necessary that technical arrangements include the facility to upload accompanying data to the notification portal. ESMA should ensure the completeness, integrity and confidentiality of the information incorporated in the notification portal.

(8)

The provisions in this Regulation are closely linked, since they set out standardised forms, templates and procedures for the notification to ESMA of information related to the cross-border distribution of AIFs and UCITS and the publication by competent authorities of such information on their websites. In order to ensure coherence in setting out the standardised forms and due to the substantive interlinkages between the provisions of this Regulation, it is appropriate to include those provisions in a single Regulation.

(9)

This Regulation is based on the draft implementing technical standards submitted to the Commission by ESMA.

(10)

ESMA has conducted open public consultations on the provisions of the draft implementing technical standards on which this Regulation is based, analysed the potential related costs and benefits, and requested the advice of the Securities and Markets Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council (2). However, ESMA has not consulted on the draft implementing technical standards that specify the standard forms, templates and procedures for the communication of information by national competent authorities in relation to the national provisions governing marketing requirements and in relation to the regulatory fees and charges related to cross-border activities of AIFMs, EuVECA managers, EuSEF managers and UCITS management companies, and on the draft implementing technical standards that specify the information to be communicated by competent authorities as well as the forms, templates and procedures for the communication of information by competent authorities to ESMA for the purpose of the creation and maintenance of the central database on cross-border marketing of AIFs and UCITS and on the technical arrangements for the functioning of the notification portal as it would have been highly disproportionate to seek the stakeholders’ views on the provisions which only affect ESMA and competent authorities.

(11)

The application of the provisions of this Regulation on publication of national provisions concerning marketing requirements should be aligned with the date of application of Articles 4 and 5 of Regulation (EU) 2019/1156 which relate to that obligation. The application of the provisions of this Regulation on information to be communicated to ESMA for the purpose of the creation and maintenance of the central database should be aligned with the date referred to in Article 12(1) of Regulation (EU) 2019/1156 which relate to that obligation,