(fra kommisjonsforordningen)

(1) Article 2(1), point (36a), of Regulation (EU) No 600/2014 defines data reporting services providers (DRSPs) as approved publication arrangements (APAs), approved reporting mechanisms (ARMs) and consolidated tape providers (CTPs). Although those types of entities are engaged in different data reporting activities, Regulation (EU) No 600/2014 provided for a similar authorisation procedure. In consequence, Commission Implementing Regulation (EU) 2017/1110 (2) provided for common standard forms, templates and procedures that were indistinctly applicable for the authorisation of all DRSPs and related notifications. Regulation (EU) 2024/791 of the European Parliament and of the Council (3) amended Regulation (EU) No 600/2014 to introduce a distinction between, on the one hand, the authorisation procedure for APAs and ARMs, and, on the other hand, the authorisation procedure for CTPs. To reflect that amendment, Implementing Regulation (EU) 2017/1110 should be repealed and replaced by a new Regulation.

(2) To facilitate communications between an applicant for authorisation as an APA or as an ARM, on the one hand, and the competent authority, on the other hand, the European Securities and Markets Authority (ESMA) and the national competent authorities should designate a contact point and should publish the information on that contact point on their websites.

(3) The organisational requirements for APAs and ARMs are different in some respects. An applicant for authorisation as an APA or as an ARM should only include in its application the information needed for assessing the application for the data reporting service that the applicant intends to provide.

(4) To facilitate communications between an applicant for authorisation as a CTP and ESMA, ESMA should designate a contact point and should publish the information on that contact point on its website.

(5) Article 27da of Regulation (EU) No 600/2014 obliges ESMA to provide for separate selection procedures for a CTP for bonds, for a CTP for shares and exchange-traded funds, and for a CTP for OTC derivatives or relevant subclasses of OTC derivatives. An applicant for authorisation as a CTP should therefore only be required to include in its application the information needed for assessing the application for the asset class with respect to which that applicant intends to operate the consolidated tape.

(6) The processing of personal data for the purposes of this Regulation should be carried out in accordance with Union law on the protection of personal data. In that regard, any processing of personal data performed by national competent authorities in application of this Regulation should be carried out in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council (4) and national requirements on the protection of natural persons with regard to the processing of personal data. Any processing of personal data performed by ESMA in application of this Regulation should be carried out in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council (5).

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

(8) ESMA has conducted open public consultations on the draft implementing technical standards on which this Regulation is based. ESMA has not analysed potential related costs and benefits as this would have been highly disproportionate to the scope and impact of the draft implementing technical standards concerned.

(9) ESMA has 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 (6).

(10) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 and delivered formal comments on 17 March 2025.

(11) To ensure that all provisions setting out standard forms, templates and procedures for the authorisation of DRSPs and related notifications are contained in one Regulation, it is appropriate to include the implementing technical standards to be adopted under Article 27d(5) and Article 27db(8) of Regulation (EU) No 600/2014,