(fra kommisjonsforordningen)

(1) To avoid the creation of conflicts of interest that could arise where employees of the ESG rating provider who are directly involved in the assessment process of rated items were to be involved in any of the activities referred to in Article 16(1), points (c), (d), or (f), of Regulation (EU) 2024/3005, Environmental, Social and Governance (ESG) rating providers should ensure that such critical staff has clearly delineated roles and responsibilities and is assigned to distinct structures within the ESG rating provider. To prevent the inadvertent flow of sensitive information within different structures or business areas and activities, those ESG rating providers should also apply physical separation measures, including assigning dedicated workspaces to rating analysts, to such staff, to separate them physically from the employees of the ESG rating provider that are involved in any of the activities referred to in Article 16(1), of Regulation (EU) 2024/3005. 

(2) For the same reason, those ESG rating providers already engaged or intending to engage in investment services and activities, activities of credit institutions or insurance or reinsurance activities should have in place additional measures in the form of information security and network-related controls, internal policies and procedures, training, contractual measures and compliance monitoring checks, including reviewing communications of employees involved in the assessment process of a rated item. 

(3) To identify actual or potential conflicts of interest, an ESG rating provider that intends to provide benchmarks through the same legal entity should have in place additional safeguards in relation to the remuneration and compensation arrangements of employees or of other persons that are directly involved in the assessment process, the production and offering of ESG ratings, and precontractual arrangements. 

(4) Since this Regulation supplements Regulation (EU) 2024/3005, which applies from 2 July 2026, it is appropriate to defer the date of application of this Regulation to that date. 

(5) This Regulation is based on the draft regulatory technical standards submitted by the European Securities and Markets Authority (ESMA) to the Commission. 

(6) ESMA conducted open public consultations on the draft regulatory technical standards on which this Regulation is based and 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,