Article 4
Criteria to determine the sufficient level of knowledge, experience and training of analysts, employees and other persons directly involved in assessment activities
1. ESMA shall determine the knowledge, experience and training of the analysts, employees and other persons directly involved in assessment activities to be sufficient as referred to in Article 23(2), point (a), of Regulation (EU) 2023/2631, where the knowledge, experience and training are appropriate to the nature and scale of the external reviews to be carried out by the external reviewer and the tasks required of external reviewers pursuant to that Regulation.
2. For the purposes of paragraph 1, ESMA shall take into account the following information:
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(a) |
the type of assessment activities that the persons directly involved in assessment activities are expected to provide in the next 24 months; |
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(b) |
the employment history of the persons referred to in point (a), including the nature and length of services provided in previous posts and responsibilities held; |
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(c) |
the experience of the persons referred to in point (a) that is related to quality assurance, quality control, the performance of pre-issuance, post-issuance and impact report reviews, and the provision of second-party alignment opinions or financial services; |
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(d) |
the educational background of the persons referred to in point (a) and any relevant professional certifications or qualifications obtained; |
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(e) |
other professional and academic achievements of the persons referred to in point (a) that are relevant for the nature of their functions; |
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(f) |
the training and development plan for the persons referred to in point (a); |
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(g) |
where applicable, the use of automation technology in the assessment activities. |
3. External reviewers shall ensure that they take into account the information referred to in paragraph 2 of this Article to determine the knowledge, experience and training of the analysts, employees and other persons whose services are placed at their disposal or under their control and who are directly involved in assessment activities to be sufficient as referred to in Article 28(1) of Regulation (EU) 2023/2631.