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 |
Contents
- Article 1 - Amendment to Regulation (EC) No 1060/2009
- Article 2 - Amendment to Regulation (EU) 236/2012
- Article 3 - Amendment to Regulation (EU) 648/2012
- Article 4 - Amendment to Regulation (EU) 345/2013
- Article 5 - Amendment to Regulation (EU) 346/2013
- Article 6 - Amendment to Regulation (EU) 575/2013
- Article 7 - Amendment to Regulation (EU) 537/2014
- Article 8 - Amendment to Regulation (EU) 596/2014
- Article 9 - Amendment to Regulation (EU) 600/2014
- Article 10 - Amendment to Regulation (EU) 909/2014
- Article 11 - Amendment to Regulation (EU) 1286/2014
- Article 12 - Amendment to Regulation (EU) 2015/760
- Article 13 - Amendment to Regulation (EU) 2015/2365
- Article 14 - Amendment to Regulation (EU) 2016/1011
- Article 15 - Amendment to Regulation (EU) 2017/1129
- Article 16 - Amendment to Regulation (EU) 2017/1131
- Article 17 - Amendment to Regulation (EU) 2019/1238
- Article 18 - Amendment to Regulation (EU) 2019/2033
- Article 19 - Amendment to Regulation (EU) 2019/2088
- Article 20 - Amendment to Regulation (EU) 2020/852
- Article 21 - Amendment to Regulation (EU) 2021/23
- Article 22 - Entry into force
Article 1 - Amendment to Regulation (EC) No 1060/2009
‘Article 13a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2026, when making public any information pursuant to Article 8(1), Article 8(6) and Article 8(7), Article 8a(1), Article 8a(3), Article 10(1), Article 10(4), Article 11(1), and Article 12, credit rating agencies shall submit that information to the relevant collection body referred to in paragraph 3 of this Article at the same time for accessibility on ESAP established under Regulation (EU) XX/XXXX [ESAP Regulation] of the European Parliament and of the Council*.
That information shall comply with all of the following requirements:
(a)the information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation] or, where required under Union law, in a machine-readable format as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council**;
(b)the information shall be accompanied by the following metadata:
(i)all the names of the credit rating agencies submitting the information;
(ii)the legal entity identifier of the credit rating agency specified pursuant to Article 7(4) of Regulation (EU) XX/XXX[ESAP Regulation];
(iii)the size of the credit rating agency by category specified pursuant to Article 7(4) of Regulation (EU) XX/XXX [ESAP Regulation];
(iv)the type of information as classified pursuant to Article 7(4) of Regulation (EU) XX/XXX [ESAP Regulation];
(v)the specific period for which the information is to be made publicly available on ESAP, where relevant.
(c)the information shall contain a qualified electronic seal as defined in Article 3, point (27), of Regulation (EU) No 910/2014 of the European Parliament and of the Council***.
2. For the purposes of paragraph 1, point (b)(ii) credit rating agencies shall acquire the legal entity identifier specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation].
3. For the purposes of making accessible on ESAP the information referred to in paragraph 1, the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be ESMA.
From 1 January 2026, for the purposes of making accessible on ESAP the information referred to in Article 5(3), Article 8d(2), Article 11(2), Article 11a(1), Article 11a(2), Article 18(3), Article 24(5), and Article 36d(1), the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be ESMA. That information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the name, where available, and the legal entity identifier of the credit rating agency as specified pursuant to Article 7(4) of that Regulation, and the type of information as classified pursuant to Article 7(4) of that Regulation.
4. For the purposes of ensuring an efficient collection and administration of data submitted in accordance with paragraph 1, points (a) and (b), ESMA shall develop draft implementing technical standards to specify:
(a)the metadata to be included in the information;
(b)the structuring of data in the information;
(c)for which information a machine-readable format is required and which machine-readable format is to be used.
Before developing the draft implementing technical standards, ESMA shall carry out a cost-benefit analysis. 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 in accordance with Article 15 of Regulation (EU) No 1095/2010.
________________
* Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).
** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).’
Article 2 - Amendment to Regulation (EU) 236/2012
‘Article 11a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2024, when making public any information pursuant to Article 6(1), the natural or legal person shall submit that information to the relevant collection body referred to in paragraph 3 of this Article at the same time for accessibility on ESAP established under Regulation (EU) XX/XXXX [ESAP Regulation] of the European Parliament and of the Council*.
That information shall comply with all of the following requirements:
(a)the information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation] or, where required under Union law, in a machine-readable format, as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council**;
(b)the information shall be accompanied by the following metadata:
(i)all the names of the natural or legal person submitting the information;
(ii)the legal entity identifier of the person specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iii)the size of the legal person by category specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iv)the type of information as classified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(v)the specific period for which the information is to be made publicly available on ESAP, where relevant.
(c)the information shall contain a qualified electronic seal as defined in Article 3, point (27), of Regulation (EU) No 910/2014 of the European Parliament and of the Council***.
2. For the purposes of paragraph 1, point (b)(ii) the relevant natural or legal person shall acquire the legal entity identifier specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation].
3. For the purposes of making accessible on ESAP the information referred to in paragraph 1, the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be the national competent authority.
4. For the purposes of ensuring an efficient collection and administration of data submitted in accordance with paragraph 1, points (a) and (b), ESMA shall develop draft implementing technical standards to specify:
(a)the metadata to be included in the information;
(b)the structuring of data in the information;
(c)for which information a machine-readable format is required and which machine-readable format is to be used.
Before developing the draft implementing technical standards, ESMA shall carry out a cost-benefit analysis. 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 in accordance with Article 15 of Regulation (EU) No 1095/2010.
________________
* Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).
** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).’
Article 3 - Amendment to Regulation (EU) 648/2012
‘Article 38a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2026, when making public any information pursuant to Article 26(7), Article 28(2), Article 38(1), Article 38(3) second subparagraph, Article 38(4), Article 38(5), Article 39(7), Article 39(8), and Article 49(3), CCPs and clearing members shall submit that information to the relevant collection body referred to in paragraph 3 of this Article at the same time for accessibility on ESAP established under Regulation (EU) XX/XXXX [ESAP Regulation] of the European Parliament and of the Council*.
That information shall comply with all of the following requirements:
(a)the information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation] or, where required under Union law, in a machine-readable format, as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council**;
(b)the information shall be accompanied by all of the following metadata:
(i)all the names of the CCP submitting the information;
(ii)the legal entity identifier of the CCP specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iii)the size of the CCP by category specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iv)the type of information, as classified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(v)the specific period for which the information is to be made publicly available on ESAP, where relevant.
(c)the information shall contain a qualified electronic seal as defined in Article 3, point (27), of Regulation (EU) No 910/2014 of the European Parliament and of the Council***.
2. For the purposes of paragraph 1, point (b)(ii), CCPs and clearing members shall acquire the legal entity identifier specified pursuant to Article 7(4) of the [ESAP Regulation].
3. For the purposes of making accessible on ESAP the information referred to in paragraph 1, the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be ESMA.
From 1 January 2026, for the purposes of making accessible on ESAP the information referred to in Article 6(1), Article 18(2), second subparagraph, Article 25(4), fourth subparagraph, Article 25m(1), Article 25q(3), Article 59(3), Article 68(1), Article 73(3), and Article 77(2), fourth subparagraph, the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be ESMA. That information shall be prepared in a data extractable format as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation], include the names and, where available, the legal entity identifier of the CCPs and clearing members as specified pursuant to Article 7(4) of that Regulation, and the type of information as classified pursuant to Article 7(4) of that Regulation.
From 1 January 2026, for the purposes of making accessible on ESAP the information referred to in Article 12(2), the collection bodies as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be the national competent authorities. That information shall be prepared in a data extractable format as defined in Article 2, point (3), of the [ESAP Regulation], include the names and, where available, the legal entity identifier of the CCP and clearing members as specified pursuant to Article 7(4) of that Regulation, and the type of information as classified pursuant to Article 7(4) of that Regulation.
4. For the purposes of ensuring an efficient collection and administration of data submitted in accordance with paragraph 1, points (a) and (b), ESMA shall develop draft implementing technical standards to specify:
(a) the metadata to be included in the information;
(a)the structuring of data in the information;
(b)for which information a machine-readable format is required and which machine-readable format is to be used.
Before developing the draft implementing technical standards, ESMA shall carry out a cost-benefit analysis. For the purposes of point (c), ESMA shall carry out a cost-benefit analysis. 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 in accordance with Article 15 of Regulation (EU) No 1095/2010.
________________
* Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).
** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).’
Article 4 - Amendment to Regulation (EU) 345/2013
‘Article 13a
Accessibility of information on the European Single Access Point (ESAP)
From 1 January 2026, in order to make accessible on ESAP established under the Regulation (EU) XX/XXXX [ESAP Regulation] of the European Parliament and of the Council* the information referred to in Article 17(1), the collection body as defined in Article 2, point (2), of that Regulation shall be ESMA. That information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the names, where available, and the legal entity identifier of the fund as specified pursuant to Article 7(4) of that Regulation, and the type of information as classified pursuant to Article 7(4) of that Regulation.
________________
* Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).’
Article 5 - Amendment to Regulation (EU) 346/2013
‘Article 14a
Accessibility of information on the European Single Access Point (ESAP)
From 1 January 2026, in order to make accessible on ESAP established under the Regulation (EU) XX/XXXX [ESAP Regulation] of the European Parliament and of the Council* the information referred to in Article 18(1), the collection body as defined in Article 2, point (2), of that Regulation shall be ESMA. That information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the names and, where available, the legal entity identifier of the fund as specified pursuant to Article 7(4) of that Regulation, and the type of information as classified pursuant to Article 7(4) of that Regulation. ________________
* Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).’
Article 6 - Amendment to Regulation (EU) 575/2013
‘Article 434b
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2026, when making public any information pursuant to part Eight of this Regulation, the institutions shall submit that information to the relevant collection body referred to in paragraph 3 of this Article at the same time for accessibility on ESAP established under Regulation (EU) XX/XXXX[ESAP Regulation] of the European Parliament and of the Council*.
That information shall comply with all of the following requirements:
(a)the information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation] or, where required under Union law, in a machine-readable format, as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council**;
(b)the information shall be accompanied by all of the following metadata:
(i)all the names of the institution submitting the information;
(ii)the legal entity identifier of the institution specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iii)the size of the institutions by category, specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iv)the type of information as classified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(v)the specific period for which the information is to be made publicly available on ESAP, where relevant.
(c)the information shall contain a qualified electronic seal as defined in Article 3, point (27), of Regulation (EU) No 910/2014 of the European Parliament and of the Council***.
2. For the purposes of paragraph 1, point (b)(ii), institutions shall acquire a legal entity identifier as specified under Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation].
3. For the purposes of paragraph 1, the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be EBA.
4. For the purposes of ensuring an efficient collection and administration of data submitted in accordance with paragraph 1, points (a) and (b), EBA, in close cooperation with ESMA and EIOPA, shall develop draft implementing technical standards to specify:
(a)the metadata to be included in the information;
(b)the structuring of data in the information;
(c)for which information a machine-readable format is required and which machine-readable format is to be used.
For the purposes of point (c), EBA, in close cooperation with ESMA and EIOPA, 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 in accordance with Article 15 of Regulation (EU) No 1095/2010.
________________
* Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).
** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).’
Article 7 - Amendment to Regulation (EU) 537/2014
‘Article 13a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2026, when making public any information pursuant to Article 13, the auditor or the audit firm shall submit that information to the relevant collection body referred to in paragraph 3 of this Article at the same time for accessibility on ESAP established under Regulation (EU) XX/XXXX[ESAP Regulation] of the European Parliament and of the Council*.
That information shall comply with all of the following requirements:
(a)the information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation] or, where required under Union law, in a machine-readable format, as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council**;
(b)the information shall be accompanied by all of the following metadata:
(i)all the names of the auditor or audit firm submitting the information;
(ii)the legal entity identifier of the auditor or audit firm as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iii)the size of the auditor or audit firm by category as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iv)the type of information as classified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(v)the specific period for which the information is to be made publicly available on ESAP, where relevant.
(c)the information shall contain a qualified electronic seal as defined in Article 3, point (27), of Regulation (EU) No 910/2014 of the European Parliament and of the Council***.
2. For the purposes of paragraph 1, point (b)(ii), auditors or audit firms shall acquire the legal entity identifier specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation].
3. By 31 December 2025, for the purposes of making accessible on ESAP the information referred to in paragraph 1, Member States shall designate one of the officially appointed mechanisms referred to in Article 21(2) of Directive 2004/109/EC as the collection body defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] and notify ESMA thereof.
4. For the purposes of ensuring an efficient collection and administration of data submitted in accordance with paragraph 1, points (a) and (b), implementing powers are conferred on the Commission, following the consultation of the CEAOB, to specify:
(a)the metadata to be included in the information;
(b)the structuring of data in the information;
(c)for which information a machine-readable format is required and 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.
________________
* Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).
** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).’
Article 8 - Amendment to Regulation (EU) 596/2014
‘Article 21a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2025, when making public any information pursuant to Article 17(1), Article 17(2), and Article 19(3), the issuer shall submit that information to the relevant collection body referred to in paragraph 3 of this Article at the same time for accessibility on ESAP established under Regulation (EU) XX/XXXX[ESAP Regulation] of the European Parliament and of the Council*.
That information shall comply with all of the following requirements:
(a)the information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation] or, where required under Union law, in a machine-readable format, as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council**;
(b)the information shall be accompanies by all of the following metadata]:
(i)all the names of the issuer submitting the information;
(ii)the legal entity identifier of the issuer as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iii)the size of the issuer by category as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iv)the type of information as classified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(v)the specific period for which the information is to be made publicly available on ESAP, where relevant.
(c)the information shall contain a qualified electronic seal as defined in Article 3, point (27), of Regulation (EU) No 910/2014 of the European Parliament and of the Council***.
2. For the purposes of paragraph 1, point (b)(ii), issuers shall acquire the legal entity identifier as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation].
3. By 31 December 2024, for the purposes of making accessible on ESAP the information referred to in Article 17(2), Member States shall designate one of the officially appointed mechanisms established under Article 21(2) of Directive 2004/109/EC as the collection body defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] and notify ESMA thereof.
From 1 January 2025, for the purposes of making accessible on ESAP the information referred to in Articles 17(1) and 19(3), the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be the relevant officially appointed mechanism.
From 1 January 2025, for the purposes of making accessible on ESAP the information referred to in Article 34(1), the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be the national competent authority. That information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the name and, where available, the legal entity identifier of the issuer as specified pursuant to Article 7(4) of that Regulation, and the type of information as classified pursuant to Article 7(4) of that Regulation.
4. For the purposes of ensuring an efficient collection and administration of data submitted in accordance with paragraph 1, points (a) and (b), ESMA shall develop draft implementing technical standards to specify:
(a)the metadata to be included in the information;
(b)the structuring of data in the information;
(c)for which information a machine-readable format is required and which machine-readable format is to be used.
Before developing the draft implementing technical standards, ESMA shall carry out a cost-benefit analysis. 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 in accordance with Article 15 of Regulation (EU) No 1095/2010.
________________
* Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).
** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).’
Article 9 - Amendment to Regulation (EU) 600/2014
‘Article 23a
Accessibility of information on the European Single Access Point (ESAP)
From 1 January 2026, in order to make accessible on ESAP established under Regulation (EU) XX/XXXX[ESAP Regulation] of the European Parliament and of the Council* the information referred to in Article 14(6), Article 15(1) second subparagraph, Article 18(4), Article 27(1), Article 34, Article 40(5), Article 44(2), Article 45(6) and Article 48, ESMA shall qualify as the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation]. That information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the names and, where available, the legal entity identifier of the investment firm as specified pursuant to Article 7(4) of that Regulation, and the type of information as classified pursuant to Article 7(4) of that Regulation.
________________
* Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).’
Article 10 - Amendment to Regulation (EU) 909/2014
‘Article 74a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2026, when making public any information pursuant to Article 7(1), Article 7(9), Article 26(4), Article 27(4), Article 27(7), Article 28(2), Article 33(1), Article 33(2), Article 34(1), Article 38(6), Article 39(3), Article 41(2), Article 54(3), point (e), Article 54(4), point (f) and Article 59(4), point (j) of this Regulation, the CSD shall submit that information to the relevant collection body referred to in paragraph 3 of this Article at the same time for accessibility on ESAP established under Regulation (EU) XX/XXXX [ESAP Regulation] of the European Parliament and of the Council*.
That information shall comply with all of the following requirements:
(a)the information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation] or, where relevant, in a machine-readable format, as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council**;
(b)the information shall be accompanied by the following metadata:
(i)all the names of the CSD submitting the information;
(ii)the legal entity identifier of the CSD as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX[ESAP Regulation];
(iii)the size of the CSD by category as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iv)the type of information, as classified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(v)the specific period for which the information is to be made publicly available on ESAP, where relevant.
(c)the information shall contain a qualified electronic seal as defined in Article 3, point (27), of Regulation (EU) No 910/2014 of the European Parliament and of the Council***.
2. For the purposes of paragraph 1, point (b)(ii), the CSD shall acquire a legal entity identifier as specified under Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation].
3. For the purposes of making accessible on ESAP the information referred to in paragraph 1, the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be ESMA.
From 1 January 2026, for the purposes of making accessible on ESAP the information referred to in Article 12(2) and Article 62, the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be ESMA. That information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the name and, where available, the legal entity identifier of the CSD as specified under Article 7(4) of that Regulation, and the type of information as classified pursuant to Article 7(4) of that Regulation.
4. For the purposes of ensuring an efficient collection and administration of data submitted in accordance with paragraph 1, points (a) and (b), ESMA shall develop draft implementing technical standards to specify:
(a)the metadata to be included in the information;
(b)the structuring of data in the information;
(c)for which information a machine-readable format is required and which machine-readable format is to be used.
Before developing the draft implementing technical standards, ESMA shall carry out a cost-benefit analysis. 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 in accordance with Article 15 of Regulation (EU) No 1095/2010.
________________
* Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).
** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).’
Article 11 - Amendment to Regulation (EU) 1286/2014
‘Article 29a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2026, when making public the key information document pursuant to Article 5(1), the PRIIPs manufacturer shall submit that key information document to the relevant collection body referred to in paragraph 3 of this Article at the same time for accessibility of such information on ESAP established under Regulation (EU) XX/XXXX[ESAP Regulation] of the European Parliament and of the Council*.
That key information document or information shall comply with all of the following requirements:
(a)the key information document or information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation] or, where required under Union law, in a machine-readable format, as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council**;
(b)the key information document or information shall be accompanied by all of the following metadata:
(i)all the names of the PRIIP manufacturer submitting the information;
(ii)the legal entity identifier of the PRIIP manufacturer, as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iii)the size of the PRIIP manufacturer by category, as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iv)the type of information, as classified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(v)the specific period for which the information is to be made publicly available on ESAP, where relevant.
(c)the key information document or information shall contain a qualified electronic seal as defined in Article 3, point (27), of Regulation (EU) No 910/2014 of the European Parliament and of the Council***.
2. For the purposes of paragraph 1, point (b)(ii), PRIIP manufacturers shall acquire a legal entity identifier as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation].
3. By 31 December 2025, for the purposes of making accessible on ESAP the key information document referred to in paragraph 1, Member States shall designate one of the officially appointed mechanisms referred to in Article 21(2) of Directive 2004/109/EC as the collection body defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] and notify ESMA thereof.
From 1 January 2026, for the purposes of making accessible on ESAP the information referred to in Article 27(1) and Article 29(1), the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be the competent authority. That information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the names and, where available, the legal entity identifier of the PRIIP manufacturer as specified pursuant to Article 7(4) of that Regulation, and the type of information as specified pursuant to Article 7(4) of that Regulation.
4. For the purposes of ensuring an efficient collection and administration of data submitted in accordance with paragraph 1, points (a) and (b), the ESAs, through the Joint Committee, shall develop draft implementing technical standards to specify:
(a)the metadata to be included in the information;
(b)the structuring of data in the information;
(c)for which information a machine-readable format is required and 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 Joint Committee shall submit those draft implementing technical standards to the Commission.
Power is conferred on the Commission to adopt the implementing technical standards in accordance with Article 15 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010.
________________
* Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).
** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).’
Article 12 - Amendment to Regulation (EU) 2015/760
‘Article 25a
Accessibility of information on the European Single Access Point (ESAP)
From 1 January 2026, in order to make accessible on ESAP established under the Regulation (EU) XX/XXXX [ESAP Regulation] of the European Parliament and of the Council* the information referred to in Article 3(3), the collection body as defined in Article 2, point (2), of that Regulation shall be ESMA. That information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the names and, where available, the legal entity identifier of the fund as defined pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation], and the type of information as classified pursuant to Article 7(4) of that Regulation.
________________
* Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).’
Article 13 - Amendment to Regulation (EU) 2015/2365
‘Article 32a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2024, when making public any information pursuant to Article 8(3), Article 12(1), Article 19(8), Article 26(1), and Article 26(4) of this Regulation, entities shall submit that information to the relevant collection body referred to in paragraph 3 of this Article at the same time for accessibility on ESAP established under Regulation (EU) XX/XXXX [ESAP Regulation] of the European Parliament and of the Council*.
That information shall comply with all of the following requirements:
(a)the information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation] or, where required under Union law, in a machine-readable format, as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council**;
(b)the information shall be accompanied by all of the following metadata:
(i)all the names of the entity submitting the information;
(ii)the legal entity identifier the entity, as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iii)the size of the entity by category, as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iv)the type of information, as classified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(v)the specific period for which the information is to be made publicly available on ESAP, where relevant.
(c)the information shall contain a qualified electronic seal as defined in Article 3, point (27), of Regulation (EU) No 910/2014 of the European Parliament and of the Council***.
2. For the purposes of paragraph 1, point (b)(ii) entities shall acquire a legal entity identifier as specified under Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation].
3. From 1 January 2024, for the purposes of in paragraph 1, the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be ESMA.
From 1 January 2024, for the purposes of making accessible on ESAP the information referred to in Article 22(4), point (b), Article 25(1), Article 25(2), Article 25(3), the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be ESMA. That information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the names and, where available, the legal entity identifier of the entity as specified pursuant to Article 7(4) of that Regulation, and the type of information as classified pursuant to Article 7(4) of that Regulation.
4. For the purposes of ensuring an efficient collection and administration of data submitted in accordance with paragraph 1, points (a) and (b), ESMA shall develop draft implementing technical standards to specify:
(a)the metadata to be included in the information;
(b)the structuring of data in the information;
(c)for which information a machine-readable format is required and which machine-readable format is to be used.
Before developing the draft implementing technical standards, ESMA shall carry out a cost-benefit analysis. 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 in accordance with Article 15 of Regulation (EU) No 1095/2010.
________________
* Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).
** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).’
Article 14 - Amendment to Regulation (EU) 2016/1011
‘Article 28a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2026, when making public any information pursuant to Articles 4(5), Article 11(1) point (c), Article 12(3), Article 13(1), Article 25(7), Article 26(3), Article 27(1), and Article 28(1), the administrator shall submit that information to the relevant collection body referred to in paragraph 3 of this Article at the same time for accessibility on ESAP established under Regulation (EU) XX/XXXX[ESAP Regulation] of the European Parliament and of the Council*.
That information shall comply with all of the following requirements:
(a)the information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation] or, where required under Union law, in a machine-readable format, as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council**;
(b)the information shall be accompanied by all of the following metadata:
(i)all the names of the administrator submitting the information;
(ii)the legal entity identifier of the administrator, as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iii)the size of the administrator by category, as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iv)the type of information, as classified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(v)the specific period for which the information is to be made publicly available on ESAP, where relevant.
(c)the information shall contain a qualified electronic seal as defined in Article 3, point (27), of Regulation (EU) No 910/2014 of the European Parliament and of the Council***.
2. For the purposes of paragraph 1, point (b)(ii), administrators shall acquire a legal entity identifier as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX.
3. For the purposes of paragraph 1, the collection bodies as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be the national competent authorities.
For the purposes of making accessible on ESAP the information referred to in Article 45(1), the collection bodies as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be the national competent authorities. That information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the names and, where available, the legal entity identifier of the administrator as specified pursuant to Article 7(4) of that Regulation, and the type of information as classified pursuant to Article 7(4) of that Regulation.
From 1 January 2026, for the purposes of making accessible on ESAP the information referred to in Article 36, the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be ESMA. That information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the names and, where available, the legal entity identifier of the administrator as specified pursuant to Article 7(4) of that Regulation, and the type of information as classified pursuant to Article 7(4) of that Regulation.
4. For the purposes of ensuring an efficient collection and administration of data submitted in accordance with paragraph 1, points (a) and (b), ESMA shall develop draft implementing technical standards to specify:
(a)the metadata to be included in the information;
(b)the structuring of data in the information;
(c)for which information a machine-readable format is required and which machine-readable format is to be used.
Before developing the draft implementing technical standards, ESMA shall carry out a cost-benefit analysis. 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 in accordance with Article 15 of Regulation (EU) No 1095/2010.
________________
* Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).
** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).’
Article 15 - Amendment to Regulation (EU) 2017/1129
‘Article 21a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2024, when making public any information pursuant to Article 1(4) points (f) and (g), Article 1(5) first subparagraph, points (e) and (f), Article 8(5), Article 9(4), Article 10(2), Article 17(2), Article 21(1), Article 21(9), and Article 23(1), the issuer, the offeror or the person asking for admission to trading on a regulated market, where relevant, shall submit that information to the relevant collection body referred to in paragraph 3 of this Article at the same time for accessibility on ESAP established under Regulation (EU) XX/XXXX[ESAP Regulation] of the European Parliament and of the Council*.
That information shall comply with all of the following requirements:
(a)the information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation] or, where required under Union law, in a machine-readable format, as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council**;
(b)the information shall be accompanied by all of the following metadata:
(i)all the names of the issuer, the offeror, or the person asking for admission to trading on a regulated market, where relevant;
(ii)the legal entity identifier of the issuer, the offeror, or the person asking for admission to trading on a regulated market, where relevant as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iii)the size of the issuer by category, as specified under Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iv)the type of information, as classified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(v)the specific period for which the information is to be made publicly available on ESAP, where relevant.
(c)the information shall contain a qualified electronic seal as defined in Article 3, point (27), of Regulation (EU) No 910/2014 of the European Parliament and of the Council***.
2. For the purposes of paragraph 1 point (b)(ii), issuers, the offeror, or the person asking for admission to trading on a regulated market, where relevant, shall acquire the legal entity identifier as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation].
3. For the purposes of making accessible on ESAP the information referred to in paragraph 1, the collection body defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be ESMA.
From 1 January 2024, for the purposes of making accessible on ESAP the information referred to in Articles 25(1), Article 25(4), and Article 26(2), the collection body defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be ESMA. That information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the names and, where available, the legal entity identifier of the issuer or, where applicable, the offeror as specified pursuant to Article 7(4) of that Regulation, and the type of information as classified pursuant to Article 7(4) of that Regulation.
4. For the purposes of ensuring an efficient collection and administration of data submitted in accordance with paragraph 1, points (a) and (b), ESMA shall develop draft implementing technical standards to specify:
(a)the metadata to be included in the information;
(b)the structuring of data in the information;
(c)for which information a machine-readable format is required and which machine-readable format is to be used.
Before developing the draft implementing technical standards, ESMA shall carry out a cost-benefit analysis. 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 in accordance with Article 15 of Regulation (EU) No 1095/2010.
________________
* Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).
** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).’
Article 16 - Amendment to Regulation (EU) 2017/1131
‘Article 37a
Accessibility of information on the European Single Access Point (ESAP)
From 1 January 2026, in order to make accessible on ESAP established under the Regulation (EU) XX/XXXX [ESAP Regulation] of the European Parliament and of the Council* the information referred to in Article 4(7), the collection body as defined in Article 2, point (2), of that Regulation shall be ESMA. That information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the names and, where available, the legal entity identifier of the fund as specified pursuant to Article 7(4) of that Regulation, and the type of information as classified pursuant to Article 7(4) of that Regulation.
________________
* Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).’
Article 17 - Amendment to Regulation (EU) 2019/1238
‘Article 70a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2026, when making public any information pursuant to Article 26(1) of this Regulation, the PEPP provider shall submit that information to the relevant collection body referred to in paragraph 3 of this Article at the same time for accessibility of such information on ESAP established under Regulation (EU) XX/XXXX[ESAP Regulation] of the European Parliament and of the Council*.
That information shall comply with all of the following requirements:
(a)the information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation] or, where required under Union law, in a machine-readable format, as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council**;
(b)the information shall be accompanied by all of the following metadata:
(i)all the names of the PEPP provider submitting the information;
(ii)the legal entity identifier of the PEPP provider, as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iii)the size of the PEPP provider by category , as specified under Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iv)the type of information, as classified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(v)the specific period for which the information is to be made publicly available on ESAP, where relevant.
(c)the information shall contain a qualified electronic seal as defined in Article 3, point (27), of Regulation (EU) No 910/2014 of the European Parliament and of the Council***.
2. For the purposes of paragraph 1, point (b)(ii), PEPP providers shall acquire a legal entity identifier as specified under Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation].
3. By 31 December 2025, for the purposes of making accessible on ESAP the information referred to in paragraph 1, Member States shall designate one of the officially appointed mechanisms referred to in Article 21(2) of Directive 2004/109/EC as the collection body referred to in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] and notify ESMA thereof.
From 1 January 2026, for the purposes of making accessible on ESAP the information referred to in Article 65(6), the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be EIOPA. That information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the names and, where available, the legal entity identifier of the insurance or reinsurance undertaking as specified pursuant to Article 7(4) of that Regulation (EU), and include the type of information as classified pursuant to Article 7(4) of that Regulation.
From 1 January 2026, for the purposes of making accessible on ESAP the information referred to in Article 63(4), Article 69(1) and 69(4), the collection bodies as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be the competent authorities. That information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the names and, where available, the legal entity identifier of the insurance or reinsurance undertaking, as specified pursuant to Article 7(4) of ), and include the type of information as classified pursuant to Article 7(4) of that Regulation.
4. For the purposes of ensuring an efficient collection and administration of data submitted in accordance with paragraph 1, points (a) and (b), EIOPA shall develop draft implementing technical standards to specify:
(a)the metadata to be included in the information;
(b)the structuring of data in the information;
(c)for which information a machine-readable format is required and which machine-readable format is to be used.
Before developing the draft implementing technical standards, EIOPA shall carry out a cost-benefit analysis. 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 in accordance with Article 15 of Regulation (EU) No 1095/2010.
________________
* Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).
** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).’
Article 18 - Amendment to Regulation (EU) 2019/2033
‘Article 46a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2026, when making public any information pursuant to Part Six of this Regulation, investment firms shall submit that information to the relevant collection body referred to in paragraph 3 of this Article at the same time for accessibility of such information on ESAP established under Regulation (EU) XX/XXXX[ESAP Regulation] of the European Parliament and of the Council*.
That information shall comply with all of the following requirements:
(a)the information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation] or, where required under Union law, in a machine-readable format, as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council**;
(b)the information shall be accompanied by all of the following metadata:
(i)all the names of the investment firm submitting the information;
(ii)the legal entity identifier of the investment firm, as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iii)the size of the investment firm by category, as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iv)the type of information, as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(v)the specific period for which the information is to be made publicly available on ESAP, where relevant.
(c)the information shall contain a qualified electronic seal as defined in Article 3, point (27), of Regulation (EU) No 910/2014 of the European Parliament and of the Council***.
2. For the purposes of paragraph 1, point (b)(ii), investment firms shall acquire a legal entity identifier as specified under Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation].
3. For the purposes of making accessible on ESAP the information referred to in paragraph 1, the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be EBA.
4. For the purposes of ensuring an efficient collection and administration of data submitted in accordance with paragraph 1, points (a) and (b), EBA, in close cooperation with ESMA and EIOPA, shall develop draft implementing technical standards to specify:
(a)the metadata to be included in the information;
(b)the structuring of data in the information;
(c)for which information a machine-readable format is required and which machine-readable format is to be used.
For the purposes of point (c), EBA, in close cooperation with ESMA and EIOPA, 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 in accordance with Article 15 of Regulation (EU) No 1095/2010.
________________
* Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).
** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).’
Article 19 - Amendment to Regulation (EU) 2019/2088
‘Article 18a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2025, when making public any information pursuant to Article 3(1), Article 3(2), Article 4(1), Article 4(3), Article 4(4), Article 4(5), Article 5(1) and Article 10(1) of this Regulation, financial market participants and financial advisers shall submit that information to the relevant collection body referred to in paragraph 3 of this Article at the same time for accessibility on ESAP established under Regulation (EU) XX/XXXX [ESAP Regulation] of the European Parliament and of the Council*.
That information shall comply with all of the following requirements:
(a)the information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation] or, where required under Union law, in a machine-readable format, as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council**;
(b)the information shall be accompanied by all of the following metadata:
(i)all the names of the entity submitting the information;
(ii)the legal entity identifier of the financial market participants or financial advisers, where relevant, as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iii)the size of the financial market participants or financial advisers, where relevant by category, as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation] ;
(iv)the type of information, as classified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(v)the specific period for which the information is to be made publicly available on ESAP, where relevant.
(c)the information shall contain a qualified electronic seal as defined in Article 3, point (27), of Regulation (EU) No 910/2014 of the European Parliament and of the Council***.
2. For the purposes of paragraph 1 point (b)(ii), financial market participants or financial advisers shall acquire a legal entity identifier as specified under Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation].
3. By 31 December 2024, for the purposes of making accessible on ESAP the information referred to in paragraph 1, Member States shall designate one of the officially appointed mechanisms referred to in Article 21(2) of Directive 2004/109/EC as the collection body defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] and notify the ESMA thereof.
4. For the purposes of ensuring an efficient collection and administration of data submitted in accordance with paragraph 1, points (a) and (b), the ESAs shall, through the Joint Committee, shall develop draft implementing technical standards to specify:
(a)the metadata to be included in the information;
(b)the structuring of data in the information;
(c)for which information a machine-readable format is required and which machine-readable format is to be used.
Before developing the draft implementing technical standards, the ESAs, shall carry out a cost-benefit analysis. 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.
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 in accordance with Article 15 of Regulation (EU) No 1093/2010, of Regulation (EU) No 1094/2010 and of Regulation (EU) No 1095/2010.
________________
* Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).
** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).’
Article 20 - Amendment to Regulation (EU) 2020/852
‘Article 8a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2024, when making public any information pursuant to Article 7 and Article 8(2) of this Regulation, the undertaking shall submit that information to the relevant collection body referred to in paragraph 3 of this Article at the same time for accessibility on ESAP established under Regulation (EU) XX/XXXX[ESAP Regulation] of the European Parliament and of the Council*.
That information shall comply with all of the following requirements:
(a)the information shall be prepared in a data extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation] or, where required under Union law, in a machine-readable format, as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council**;
(b)the information shall be accompanied by all of the following metadata:
(i)all the names of the undertaking submitting the information;
(ii)the legal entity identifier of the undertaking, as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iii)the size of the undertaking by category , as specified under Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iv)the type of information, as classified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(v)the specific period for which the information is to be made publicly available on ESAP, where relevant.
(c)the information shall contain a qualified electronic seal as defined in Article 3, point (27), of Regulation (EU) No 910/2014 of the European Parliament and of the Council***.
2. For the purposes of paragraph 1(b)(ii) the undertakings shall acquire a legal entity identifier as specified under Article 7(4) of the [ESAP Regulation].
3. By 31 December 2023, for the purposes of making accessible on ESAP the information referred to in paragraph 1, Member States shall designate one of the officially appointed mechanisms referred to in Article 21(2) of Directive 2004/109/EC as the collection body defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] and notify the ESMA thereof.
4. For the purposes of ensuring an and efficient collection and administration of data submitted in accordance with paragraph 1, points (a) and (b), ESMA shall develop draft implementing technical standards to specify:
(a)the metadata to be included in the information;
(b)the structuring of data in the information;
(c)for which information a machine-readable format is required and which machine-readable format is to be used.
Before developing the draft implementing technical standards, ESMA shall carry out a cost-benefit analysis. 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 in accordance with Article 15 of Regulation (EU) No 1095/2010.
________________
* Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).
** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).’
Article 21 - Amendment to Regulation (EU) 2021/23
‘Article 95a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2026, when making public any information pursuant to Article 50(2), Article 72(3), Article 82(2), point (a), and Article 83(1) of this Regulation, the resolution authorities shall submit that information to the collection body referred to in paragraph 3 of this Article at the same time for accessibility on ESAP established under Regulation (EU) XX/XXXX[ESAP Regulation] of the European Parliament and of the Council*.
That information shall comply with all of the following requirements:
(a)That information shall be prepared in the data extractable format specified pursuant to Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation] or, where required under Union law, in a machine-readable format, as defined in Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament and of the Council**;
(b)the information shall be accompanied by all of the following metadata:
(i)all the names of the entity submitting to which the information relates;
(ii)the legal entity identifier of the entity specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iii)the size of the entity by category, as specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(iv)the type of information, as classified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation];
(v)the specific period for which the information is to be publicly available on ESAP, where relevant.
2. For the purposes of paragraph 1, point (b)(ii) entities shall acquire a legal entity identifier as specified under Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation].
3. For the purposes of making accessible on ESAP the information referred to in paragraph 1, the collection body as defined in Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be ESMA.
4. For the purposes of ensuring an efficient collection and administration of data submitted in accordance with paragraph 1, points (a) and (b), ESMA shall develop draft implementing technical standards to specify:
(a)the metadata to be included in the information;
(b)the structuring of data in the information;
(c)for which information a machine-readable format is required and which machine-readable format is to be used.
Before developing the draft implementing technical standards, ESMA shall carry out a cost-benefit analysis. 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 in accordance with Article 15 of Regulation (EU) No 1095/2010.
________________
* Regulation (EU) XX/XXXX of the European Parliament and of the Council establishing a European Single Access Point (ESAP) providing centralised access to information that is publicly available in relation to financial services, capital markets and sustainability (OJ L [...], […], p. […]).
** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 June 2019 on open data and the re-use of public sector information (OJ L 172, 26.6.2019, p. 56).
*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 23 July 2014 on electronic identification and trust services for electronic transactions in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73).’
Article 22 - Entry into force
This Regulation shall be binding in its entirety and directly applicable in all Member States.