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ANNEX III - Implementing Regulation 2024/2494

ANNEX III

Form for the reply to a request for cooperation or exchange of information

Reply to a request for cooperation or exchange of information

Reference number:

Date:

FROM:

Member State:

Receiving body:

Address:

(Contact details of the contact point designated in accordance with Article 2 of Implementing Regulation (EU) 2024/2494)

Name:

Telephone:

Email:

TO:

Member State:

Submitting Body:

Address:

(Contact details of the contact point designated in accordance with Article 2 of Implementing Regulation (EU) 2024/2494)

Name:

Telephone:

Email:

Dear [insert appropriate name]

Following your request [insert reference to request], we hereby acknowledge receipt of your request for cooperation or request for information on [insert date].

Information gathered

[If the information has been gathered, please set out the information here or provide an explanation of how it will be provided]

The information provided is confidential and is disclosed to [Insert name of the submitting body] pursuant to [Insert provision of the applicable sectoral legislation] and on the basis that the information shall remain confidential in accordance with Article 10 of Implementing Regulation (EU) 2024/2494 and Article 100 of Regulation (EU) 2023/1114.

The [Insert name of the submitting body] shall observe the requirements of Article 10 of Implementing Regulation (EU) 2024/2494 with respect to the permissible uses of that information.

Where the [Insert name of the submitting body] intends to use or disclose information provided in this reply for purposes other than those stated in the request but relating to the its tasks in accordance with Regulation (EU) 2023/1114, [Insert name of the submitting body] shall notify [Insert name of the receiving body] which has 10 working days to object to such use or disclosure, or where necessary to indicate a precise time limit by which it will be able to provide such feedback.

Where the [Insert name of the submitting body] intends to use or disclose information provided in this reply for purposes outside the scope of Regulation (EU) 2023/1114, it shall notify [Insert name of the receiving body] and unless the exception referred to in Article 100(2) of Regulation (EU) 2023/1114 applies, shall obtain the prior consent of [Insert name of the receiving body]. Where [Insert name of the receiving body] consents to such use or disclosure of the information, it may subject it to certain conditions.

Any personal data provided shall be processed by ESMA and EBA in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council and by the relevant competent authorities in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council. In particular, ESMA, EBA and the relevant competent authorities shall ensure that all relevant information on the processing of personal data is provided to data subjects in accordance with Section 2 ‘Information and access to personal data’ of Chapter III ‘Rights of the data subject’ of these Regulations.

Yours sincerely,

[signature]