(Under forberedelse) Kommisjonens gjennomføringsforordning om fastsetting av gjennomføringstekniske med hensyn til prosedyrer og former for utveksling av informasjon mellom kompetente myndigheter og EMSA i henhold til forordning (EU) 2016/1011
(Under development) Commission Implementing Regulation laying down implementing technical standards with regard to the procedures and forms for exchange of information between competent authorities and ESMA in accordance with Regulation (EU) 2016/1011
Rapport med utkast til delegert kommisjonsforordning vedtatt av Den europeiske verdipapirtilsynsmyndighet (ESMA) og sendt til Kommisjonen 30.3.2017
BAKGRUNN (fra kommisjonsforordningen, engelsk utgave)
(1) Competent authorities may, for the purposes of supervising benchmark administrators in the Union, exchange information relevant for the discharge of their responsibilities under Regulation (EU) 2016/1011 with the European Securities and Markets Authority (ESMA). It is appropriate that competent authorities and ESMA use defined channels of communication, including designated contact persons and standardised forms for the issuing and acknowledgement of receipt of and response to requests for information.
(2) In order to ensure the accuracy and completeness of the register referred to in Article 36(1) of Regulation (EU) 2016/1011 (the ESMA register) it is important that the procedures and forms for exchange of information as defined in this Regulation govern the submission of relevant information by competent authorities as set forth in point (a),(c) and (d) of Article 36(1) of the Regulation (EU) 2016/1011 and it is appropriate that competent authorities and ESMA specify separately technical details that ensure the accurate and secure transmission of all data relevant for the ESMA register.
(3) The information competent authorities and ESMA exchange in discharge of their responsibilities under Regulation (EU) 2016/1011 may contain personal data and other sensitive non-public information. It is therefore important that the exchange of information is governed by appropriate safeguards and confidentiality rules.
(4) ESMA has not conducted open public consultations on the draft implementing technical standards on which this Regulation is based, nor has it analysed potential related costs and benefits of introducing the standard forms and procedures for the relevant competent authorities, as this would have been disproportionate in relation to their scope and impact, taking into account that the addressees of the implementing technical standards would only be the national competent authorities of the Member States and not market participants.
(5) This Regulation is based on the draft implementing technical standards submitted by the ESMA to the Commission.
(6) ESMA has requested the opinion of the Securities Markets Stakeholder Group established in accordance with Article 37 of Regulation (EU) No 1095/2010 of the European Parliament and of the Council.
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