Legal provisions of COM(2021)725 - Amendment of certain Regulations as regards the establishment and functioning of the European single access point - Main contents
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This page contains a limited version of this dossier in the EU Monitor.
dossier | COM(2021)725 - Amendment of certain Regulations as regards the establishment and functioning of the European single access point. |
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document | COM(2021)725 ![]() |
date | December 13, 2023 |
Article 1
Amendments to Regulation (EC) No 1060/2009
Regulation (EC) No 1060/2009 is amended as follows:
(1) | In Article 11a, paragraph 2 is replaced by the following: ‘2. ESMA shall publish the individual credit ratings submitted to it pursuant to paragraph 1 on a website (‘European rating platform’). The central repository referred to in Article 11(2) shall be incorporated in the European rating platform. The European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*1) may fulfil the functions of the European rating platform. (*1) Regulation (EU) 2023/2859 of the European Parliament and of the Council of 13 December 2023 establishing a European single access point providing centralised access to publicly available information of relevance to financial services, capital markets and sustainability (OJ L, 2023/2859, 20.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2859/oj).’;" |
(2) | the following article is inserted: ‘Article 13a Accessibility of information on ESAP 1. From 10 January 2028, when making public any information referred to in Article 8(1), Article 8(6) and (7), Article 8a(1) and (3), Article 10(1) and (4), Article 11(1) and Article 12 of this Regulation, credit rating agencies shall submit that information at the same time to the collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on ESAP. That information shall comply with the following requirements:
2. For the purposes of paragraph 1, point (b)(ii), credit rating agencies shall obtain a legal entity identifier. 3. For the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be ESMA. 4. From 10 January 2028, the information referred to in Article 5(3), Article 8d(2), Article 11(2), Article 11a(1) and (2), Article 18(3), Article 24(5) and Article 36d(1) of this Regulation, shall be made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be ESMA. That information shall comply with the following requirements:
5. For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, ESMA shall develop draft implementing technical standards to specify the following:
For the purposes of point (c), ESMA shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests. ESMA shall submit those draft implementing technical standards to the Commission. Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1095/2010. 6. Where necessary, ESMA shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 5, first subparagraph, point (a), are correct.’. |
Article 2
Amendment to Regulation (EU) No 236/2012
In Regulation (EU) No 236/2012, the following article is inserted:
‘Article 11a
Accessibility of information on the European single access point
1. From 10 July 2026, when making public any information referred to in Article 6(1) of this Regulation, the natural or legal person shall submit that information at the same time to the collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*2).
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation; |
(b) | be accompanied by the following metadata:
|
2. For the purposes of paragraph 1, point (b)(ii), legal persons shall obtain a legal entity identifier.
3. For the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the competent authority.
4. For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, ESMA shall develop draft implementing technical standards to specify:
(a) | any other metadata to accompany the information; |
(b) | the structuring of data in the information; |
(c) | for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used. |
For the purposes of point (c), ESMA shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests.
ESMA shall submit those draft implementing technical standards to the Commission.
Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1095/2010.
5. Where necessary, ESMA shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 4, first subparagraph, point (a), are correct.
Article 3
Amendment to Regulation (EU) No 345/2013
In Regulation (EU) No 345/2013, the following article is inserted:
‘Article 17a
Accessibility of information on the European single access point
From 10 January 2028, the information referred to in Article 17(1) of this Regulation shall be made accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*3). For that purpose, the collection body as defined in Article 2, point (2), of that Regulation shall be ESMA. ESMA shall draw that information from the information notified by the competent authority of the home Member State in accordance with Article 16(1) of this Regulation for the purpose of the establishment of the central database referred to in Article 17(1) of this Regulation.
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859; |
(b) | be accompanied by the following metadata:
|
Article 4
Amendment to Regulation (EU) No 346/2013
In Regulation (EU) No 346/2013, the following article is inserted:
‘Article 18a
Accessibility of information on the European single access point
From 10 January 2028, the information referred to in Article 18(1) of this Regulation shall be made accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*4). For that purpose, the collection body as defined in Article 2, point (2), of that Regulation shall be ESMA. ESMA shall draw that information from the information notified by the competent authority of the home Member State in accordance with Article 17(1) of this Regulation for the purpose of the establishment of the central database referred to in Article 18(1) of this Regulation.
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859; |
(b) | be accompanied by the following metadata:
|
Article 5
Amendment to Regulation (EU) No 575/2013
In Regulation (EU) No 575/2013, the following article is inserted:
‘Article 434b
Accessibility of information on the European single access point
1. From 10 January 2030, when making public any information referred to in Part Eight of this Regulation, the institutions shall submit that information at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*5).
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation; |
(b) | be accompanied by the following metadata:
|
2. For the purposes of paragraph 1, point (b)(ii), institutions shall obtain a legal entity identifier.
3. For the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be EBA.
4. For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, EBA shall develop draft implementing technical standards to specify:
(a) | any other metadata to accompany the information; |
(b) | the structuring of data in the information; |
(c) | for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used. |
For the purposes of point (c), EBA shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests.
EBA shall submit those draft implementing technical standards to the Commission.
Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1093/2010.
5. Where necessary, EBA shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 4, first subparagraph, point (a), are correct.
Article 6
Amendment to Regulation (EU) No 537/2014
In Regulation (EU) No 537/2014, the following article is inserted:
‘Article 13a
Accessibility of information on the European single access point
1. From 10 January 2030, when making public any information referred to in Article 13 of this Regulation, the statutory auditor or the audit firm shall submit that information at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*6).
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation; |
(b) | be accompanied by the following metadata:
|
2. For the purposes of paragraph 1, point (b)(ii), audit firms that are legal persons shall obtain a legal entity identifier.
3. By 9 January 2030, for the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, Member States shall designate at least one collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 and notify ESMA thereof.
4. For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, implementing powers are conferred on the Commission, following the consultation of the CEAOB, to specify:
(a) | any other metadata to accompany the information; |
(b) | the structuring of data in the information; |
(c) | for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used. |
For the purposes of point (c), the Commission shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests.
Article 7
Amendment to Regulation (EU) No 596/2014
In Regulation (EU) No 596/2014, the following article is inserted:
‘Article 21a
Accessibility of information on the European single access point
1. From 10 January 2028, when making public any information referred to in Article 17(1) and (2) and Article 19(3) of this Regulation, the issuer or the emission allowance market participant shall submit that information at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*7).
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation; |
(b) | be accompanied by the following metadata:
|
2. For the purposes of paragraph 1, point (b)(ii), issuers and emission allowance market participants that are legal persons shall obtain a legal entity identifier.
3. By 9 January 2028, for the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, Member States shall designate at least one collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 and notify ESMA thereof.
4. From 10 January 2028, where national law provides that a competent authority is itself permitted to make public the information referred to in Article 19(3) of this Regulation for the purpose of making that information accessible on ESAP, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the competent authority.
5. From 10 January 2028, the information referred to in Article 34(1) of this Regulation shall be made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the competent authority.
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859; |
(b) | be accompanied by the following metadata:
|
6. For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, ESMA shall develop draft implementing technical standards to specify:
(a) | any other metadata to accompany the information; |
(b) | the structuring of data in the information; |
(c) | for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used. |
For the purposes of point (c), ESMA shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests.
ESMA shall submit those draft implementing technical standards to the Commission.
Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1095/2010.
7. Where necessary, ESMA shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 6, first subparagraph, point (a), are correct.
Article 8
Amendment to Regulation (EU) No 600/2014
In Regulation (EU) No 600/2014, the following article is inserted:
‘Article 23a
Accessibility of information on the European single access point
From 10 January 2030, the information referred to in Article 14(6), Article 15(1), second subparagraph, Articles 18(4) and 27(1), Article 34, Articles 40(5), 42(5), 44(2), 45(6) and Article 48 of this Regulation, shall be made accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*8). The collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be ESMA.
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859; |
(b) | be accompanied by the following metadata:
|
Article 9
Amendment to Regulation (EU) No 1286/2014
In Regulation (EU) No 1286/2014, the following article is inserted:
‘Article 29a
Accessibility of information on the European single access point
1. From 10 January 2028, when making public the key information document referred to in Article 5(1) of this Regulation, the PRIIPs manufacturer shall submit that key information document at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*9).
That key information document shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation; |
(b) | be accompanied by the following metadata:
|
2. For the purposes of paragraph 1, point (b)(ii), PRIIP manufacturers that are legal persons shall obtain a legal entity identifier.
3. By 9 January 2028, for the purpose of making the key information document referred to in paragraph 1 of this Article accessible on ESAP, Member States shall designate at least one collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 and notify ESMA thereof.
4. From 10 January 2028 the information referred to in Articles 27(1) and 29(1) of this Regulation shall be made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the competent authority as defined in Article 4, point (8), of this Regulation.
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859; |
(b) | be accompanied by the following metadata:
|
5. For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, the ESAs, through the Joint Committee, shall develop draft implementing technical standards to specify:
(a) | any other metadata to accompany the information; |
(b) | the structuring of data in the information; |
(c) | for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used. |
For the purposes of point (c), the ESAs shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests for that purpose.
The ESAs shall submit those draft implementing technical standards to the Commission.
Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1093/2010, Article 15 of Regulation (EU) No 1094/2010 and Article 15 of Regulation (EU) No 1095/2010.
6. Where necessary, the ESAs, through the Joint Committee, shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 5, first subparagraph, point (a), are correct.
Article 10
Amendment to Regulation (EU) 2015/760
In Regulation (EU) 2015/760, the following article is inserted:
‘Article 25a
Accessibility of information on the European single access point
From 10 January 2030, the information referred to in Article 3(3), second subparagraph, of this Regulation shall be made accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*10). For that purpose, the collection body as defined in Article 2, point (2), of that Regulation shall be ESMA. ESMA shall draw that information from the information notified by the competent authority of the ELTIFs in accordance with Article 3(3), first subparagraph, of this Regulation for the purpose of establishment of the central public register referred to in Article 3(3), second subparagraph, of this Regulation.
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859; |
(b) | be accompanied by the following metadata:
|
Article 11
Amendment to Regulation (EU) 2015/2365
In Regulation (EU) 2015/2365, the following article is inserted:
‘Article 32a
Accessibility of information on the European single access point
1. From 10 January 2030, when making public any information referred to in Article 12(1) of this Regulation, trade repositories shall submit that information at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*11).
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation; |
(b) | be accompanied by the following metadata:
|
2. For the purposes of paragraph 1, point (b)(ii), trade repositories shall obtain a legal entity identifier.
3. For the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be ESMA.
4. From 10 January 2030, the information referred to in Article 22(4), point (b), Article 25(3) and Article 26(1) and (4) of this Regulation shall be made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the competent authority.
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859; |
(b) | be accompanied by the following metadata:
|
5. From 10 January 2030, the information referred to in Article 8(3), Article 19(8), Article 25(1), second sentence, and Article 25(2), second sentence, of this Regulation shall be made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be ESMA.
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format, as defined in Article 2, point (3), of Regulation (EU) 2023/2859; |
(b) | be accompanied by the following metadata:
|
6. For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, ESMA shall develop draft implementing technical standards to specify:
(a) | any other metadata to accompany the information; |
(b) | the structuring of data in the information; |
(c) | for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used. |
For the purposes of point (c), ESMA shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests for that purpose.
ESMA shall submit those draft implementing technical standards to the Commission.
Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1095/2010.
7. Where necessary, ESMA shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 6, first subparagraph, point (a), are correct.
Article 12
Amendment to Regulation (EU) 2016/1011
In Regulation (EU) 2016/1011, the following article is inserted:
‘Article 28a
Accessibility of information on the European single access point
1. From 10 January 2028, when making public any information referred to in Article 4(5), Article 11(1), point (c), Articles 12(3), 13(1), 25(7), 26(3), 27(1) and 28(1) of this Regulation, the administrator shall submit that information at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*12).
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation; |
(b) | be accompanied by the following metadata:
|
2. For the purposes of paragraph 1, point (b)(ii), administrators that are legal persons shall obtain a legal entity identifier.
3. For the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the competent authority.
4. From 10 January 2028, the information referred to in Article 45(1) of this Regulation shall be made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the competent authority.
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859; |
(b) | be accompanied by the following metadata:
|
5. From 10 January 2028, the information referred to in Article 36 of this Regulation shall be made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be ESMA.
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859; |
(b) | be accompanied by the following metadata:
|
6. For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, ESMA shall develop draft implementing technical standards to specify:
(a) | any other metadata to accompany the information; |
(b) | the structuring of data in the information; |
(c) | for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used. |
For the purposes of point (c), ESMA shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests.
ESMA shall submit those draft implementing technical standards to the Commission.
Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1095/2010.
7. Where necessary, ESMA shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 6, first subparagraph, point (a), are correct.
Article 13
Amendment to Regulation (EU) 2017/1129
In Regulation (EU) 2017/1129, the following article is inserted:
‘Article 21a
Accessibility of information on the European single access point
1. From 10 July 2026, when making public any information referred to in Article 1(4) points (f) and (g), Article 1(5) first subparagraph, points (e) and (f), Articles 8(5), 9(4), 10(2), 17(2), 21(1), 21(9) and 23(1) of this Regulation, the issuer, the offeror or the person asking for admission to trading on a regulated market, where relevant, shall submit that information at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*13).
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation; |
(b) | be accompanied by the following metadata:
|
2. For the purposes of paragraph 1, point (b)(ii), issuers, offerors, or persons asking for admission to trading on a regulated market that are legal persons shall obtain a legal entity identifier.
3. For the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the competent authority. The competent authority shall, to the extent possible, build upon the procedures and infrastructures designed and implemented in application of Article 25(6), of this Regulation.
4. From 10 July 2026, for the purposes of making the information referred to in Article 42(1) of this Regulation accessible on ESAP, the collection body defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the competent authority.
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859; |
(b) | be accompanied by the following metadata:
|
5. For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, ESMA shall develop draft implementing technical standards to specify:
(a) | any other metadata to accompany the information; |
(b) | the structuring of data in the information; |
(c) | for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used. |
For the purposes of point (c), ESMA shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests.
ESMA shall submit those draft implementing technical standards to the Commission.
Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1095/2010.
6. Where necessary, ESMA shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 5, first subparagraph, point (a), are correct.
Article 14
Amendment to Regulation (EU) 2017/1131
In Regulation (EU) 2017/1131, the following article is inserted:
‘Article 37a
Accessibility of information on the European single access point
From 10 January 2030, the information referred to in Article 4(7) of this Regulation shall be accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*14). For that purpose, the collection body as defined in Article 2, point (2), of that Regulation shall be ESMA. ESMA shall draw that data from the information notified by the competent authorities in accordance with Article 4(6) of this Regulation for the purpose of establishment of the central public register referred to in Article 4(7) of this Regulation.
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859; |
(b) | be accompanied by the following metadata:
|
Article 15
Amendment to Regulation (EU) 2019/1238
In Regulation (EU) 2019/1238, the following article is inserted:
‘Article 70a
Accessibility of information on the European single access point
1. From 10 January 2028, when making public any information referred to in Article 26(1) of this Regulation, the PEPP provider shall submit that information at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*15).
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation; |
(b) | be accompanied by the following metadata:
|
2. For the purposes of paragraph 1, point (b)(ii), PEPP providers shall obtain a legal entity identifier.
3. By 9 January 2028, for the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, Member States shall designate at least one collection body referred to in Article 2, point (2), of Regulation (EU) 2023/2859 and notify ESMA thereof.
4. From 10 January 2028, the information referred to in Article 65(6) of this Regulation shall be made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be EIOPA.
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859; |
(b) | be accompanied by the following metadata:
|
5. From 10 January 2028, the information referred to in Article 63(4) and Article 69(1) and (4) of this Regulation shall be made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the competent authority.
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format, as defined in Article 2, point (3), of Regulation (EU) 2023/2859; |
(b) | be accompanied by the following metadata:
|
6. For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, EIOPA shall develop draft implementing technical standards to specify:
(a) | any other metadata to accompany the information; |
(b) | the structuring of data in the information; |
(c) | for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used. |
For the purposes of point (c), EIOPA shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests for that purpose.
EIOPA shall submit those draft implementing technical standards to the Commission.
Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1094/2010.
7. Where necessary, EIOPA shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 6, first subparagraph, point (a), are correct.
Article 16
Amendment to Regulation (EU) 2019/2033
In Regulation (EU) 2019/2033, the following article is inserted:
‘Article 46a
Accessibility of information on the European single access point
1. From 10 January 2030, when making public any information referred to in Part Six of this Regulation, investment firms shall submit that information at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*16).
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation; |
(b) | be accompanied by the following metadata:
|
2. For the purposes of paragraph 1, point (b)(ii), investment firms shall obtain a legal entity identifier.
3. For the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be EBA.
4. For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, EBA shall develop draft implementing technical standards to specify:
(a) | any other metadata to accompany the information; |
(b) | the structuring of data in the information; |
(c) | for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used. |
For the purposes of point (c), EBA, shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests for that purpose.
EBA shall submit those draft implementing technical standards to the Commission.
Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1093/2010.
5. Where necessary, EBA shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 4, first subparagraph, point (a), are correct.
Article 17
Amendment to Regulation (EU) 2019/2088
In Regulation (EU) 2019/2088, the following article is inserted:
‘Article 18a
Accessibility of information on the European single access point
1. From 10 January 2028, when making public any information referred to in Article 3(1) and (2), Article 4(1), (3), (4) and (5), Articles 5(1) and 10(1) of this Regulation, financial market participants and financial advisers shall submit that information at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*17).
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation; |
(b) | be accompanied by the following metadata:
|
2. For the purposes of paragraph 1, point (b)(ii), financial market participants and financial advisers that are legal persons shall obtain a legal entity identifier.
3. By 9 January 2028, for the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, Member States shall designate at least one collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 and notify ESMA thereof.
4. For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, the ESAs, through the Joint Committee, shall develop draft implementing technical standards to specify:
(a) | any other metadata to accompany the information; |
(b) | the structuring of data in the information; |
(c) | for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used. |
For the purposes of point (c), the ESAs shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests for that purpose.
The ESAs shall submit those draft implementing technical standards to the Commission.
Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1093/2010, Article 15 of Regulation (EU) No 1094/2010 and Article 15 of Regulation (EU) No 1095/2010.
5. Where necessary, the ESAs, through the Joint Committee, shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 4, first subparagraph, point (a), are correct.
Article 18
Amendment to Regulation (EU) 2023/1114
In Regulation (EU) 2023/1114, the following article is inserted:
‘Article 110a
Accessibility of information on the European single access point
1. From 10 January 2030, when making public any information referred to in Article 88(1) of this Regulation, the issuer, offeror or person seeking admission to trading shall submit that information at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*18).
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation; |
(b) | be accompanied by the following metadata:
|
2. For the purposes of paragraph 1, point (b)(ii), the issuer, offeror or person seeking admission to trading shall obtain a legal entity identifier.
3. By 9 January 2030, for the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, Member States shall designate at least one collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 and notify ESMA thereof.
4. From 10 January 2030, the information referred to in Articles 109 and 110 of this Regulation shall be made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be ESMA.
That information shall comply with the following requirements:
(a) | be submitted in a machine-readable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859; |
(b) | be accompanied by the following metadata:
|
5. For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, ESMA shall develop draft implementing technical standards to specify:
(a) | any other metadata to accompany the information; |
(b) | the structuring of data in the information; |
(c) | for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used. |
For the purposes of point (c), ESMA shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests.
ESMA shall submit those draft implementing technical standards to the Commission.
Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1095/2010.
6. Where necessary, ESMA shall adopt guidelines for entities to ensure that the metadata submitted in accordance with paragraph 5, first subparagraph, point (a), are correct.
Article 19
Amendment to Regulation (EU) 2023/2631
In Regulation (EU) 2023/2631, the following article is inserted:
‘Article 15a
Accessibility of information on the European single access point
1. From 10 January 2030, when making public any of the following:
(a) | the factsheet, the pre-issuance review related to the factsheet, annual allocation reports, the post-issuance review related to one or several annual allocation reports, the impact report, the impact report review referred to in Article 15; |
(b) | the pre-issuance disclosures referred to in Article 20, and the periodic post-issuance disclosures referred to in Article 21; the issuer shall submit that information at the same time to the relevant collection body referred to in paragraph 3 or 4 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*19). |
That information shall comply with the following requirements:
(a) | be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of Regulation (EU) 2023/2859; |
(b) | be accompanied by the following metadata:
|
2. For the purposes of paragraph 1, second subparagraph, point (b)(ii), the issuer shall obtain a legal entity identifier.
3. For the purpose of making the information referred to in paragraph 1, first subparagraph, point (a), of this Article accessible on ESAP, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be ESMA.
4. By 9 January 2030, for the purpose of making the information referred to in paragraph 1, first subparagraph, point (b), of this Article accessible on ESAP, Member States shall designate at least one collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 and notify ESMA thereof.
5. For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, ESMA shall develop draft implementing technical standards to specify:
(a) | any other metadata to accompany the information; |
(b) | the structuring of data in the information; |
(c) | for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used. |
For the purposes of point (c), ESMA shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests.
ESMA shall submit those draft implementing technical standards to the Commission.
Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1095/2010.
6. Where necessary, ESMA shall adopt guidelines for entities to ensure that the metadata submitted in accordance with paragraph 5, first subparagraph, point (a), are correct.
Article 20
Entry into force
This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.
This Regulation shall be binding in its entirety and directly applicable in all Member States.