REPORT on the proposal for a regulation of the European Parliament and of the Council amending certain Regulations as regards the establishment and functioning of the European single access point
6.2.2023 - (COM(2021)0725 – C9‑0436/2021 – 2021/0380(COD)) - ***I
Committee on Economic and Monetary Affairs
Rapporteur: Pedro Silva Pereira
Rapporteur for the opinion of associated committees pursuant to Rule 57 of the Rules of Procedure:
Karen Melchior, Committee on Legal Affairs
DRAFT EUROPEAN PARLIAMENT LEGISLATIVE RESOLUTION
on the proposal for a regulation of the European Parliament and of the Council amending certain Regulations as regards the establishment and functioning of the European single access point
(COM(2021)0725 – C9‑0436/2021 – 2021/0380(COD))
(Ordinary legislative procedure: first reading)
The European Parliament,
– having regard to the Commission proposal to Parliament and the Council (COM(2021)0725),
– having regard to Article 294(2) and Article 114 of the Treaty on the Functioning of the European Union, pursuant to which the Commission submitted the proposal to Parliament (C9-0436/2021),
– having regard to Article 294(3) of the Treaty on the Functioning of the European Union,
– having regard to the opinion of the European Central Bank of 7 June 2022[1],
– having regard to the opinion of the European Economic and Social Committee of 23 March 2022[2],
– having regard to Rules 57 and 59 of its Rules of Procedure,
– having regard to the opinion of the Committee on Legal Affairs,–
– having regard to the report of the Committee on Economic and Monetary Affairs (A9-0024/2023),
1. Adopts its position at first reading hereinafter set out;
2. Calls on the Commission to refer the matter to Parliament again if it replaces, substantially amends or intends to substantially amend its proposal;
3. Instructs its President to forward its position to the Council, the Commission and the national parliaments.
Amendment 1
AMENDMENTS BY THE EUROPEAN PARLIAMENT[*]
to the Commission proposal
---------------------------------------------------------
Proposal for a
REGULATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL
amending certain Regulations as regards the establishment and functioning of the European single access point
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 114 thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee[3],
Acting in accordance with the ordinary legislative procedure,
Whereas:
(1) In the Capital Markets Union (CMU) Action Plan[4], the Commission proposed to improve public access to entities’ financial and non-financial information by building a European Single Access Point (ESAP). The Commission Digital Finance Strategy[5] sets out general lines on how Europe can support the digital transformation of finance in the coming years, and in particular to promote a data-driven finance. In the Strategy for Financing the Transition to a Sustainable Economy[6], the Commission placed sustainable finance at the heart of the financial system as a key means to achieve the green transition of the EU economy, as part of the Green Deal[7].
(2) ESAP is to be established in accordance with Regulation (EU) XXX/XXX of the European Parliament and of the Council [ESAP Regulation][8] in order to enable an easy access to data for decision makers in the economy and society to make sound decisions that serve the efficient functioning of the market. Rolling out common European data spaces in crucial sectors, including the financial sector, would serve that purpose. The financial world is expected to undergo a digital transformation in the coming years, and the Union should support this, in particular by promoting data-driven finance. Ensuring easier access to public information is also crucial in order to increase opportunities for the growth of small and medium-sized businesses and for visibility and innovation, including easier access to information provided on a voluntary basis. Furthermore, putting sustainable finance at the heart of the financial system is a key means to achieving a green transition of the Union economy. For the green transition to succeed through sustainable finance, it is essential that information related to the sustainability and social governance of businesses is easily accessible to investors so that they are better informed when making decisions about investments. For those purposes, public access to financial and non-financial and ESG-related information on natural or legal persons (‘entities’) required to make information public, or publicly disclosing such submitting financial and sustainability-related information about their economic activities to a collection body on a voluntary basis▌ needs to be improved. An efficient means to do so at Union level is to establish a centralised platform, ESAP, giving electronic access to all relevant information.
(3) ESAP should provide the public with an easy centralised access to information about entities and their products in relation to financial services, capital markets and sustainability that entities and authorities are required to publish in accordance with a number of Directives and Regulations in that field in accordance with a file-once principle and without entailing any additional reporting requirements beyond those specified by law. Nevertheless, any natural or legal person may submit information about its economic activities of relevance to financial services, or to capital markets or concerning sustainability to a collection body with a view to making that information accessible on ESAP in accordance with Article 3 of Regulation (EU) XXX/XXX [ESAP Regulation].
(4) A number of Regulations in the field of financial services, capital markets and sustainability should be amended in order to enable the functioning of ESAP. To allow for a sound and efficient functioning of ESAP in a proportionate manner, the scaling-up of the collection and submission of the information would need to be gradual.
(5) For the functioning of ESAP, collection bodies should be designated to collect from the relevant entities the information in relation to financial services, capital markets and sustainability. In the absence of a collection body already established under Union law, Member States shall designate at least one of the Officially Appointed Mechanisms established under Directive 2004/109/EC of the European Parliament and of the Council[9] to collect and store the information, and notify the European Securities and Markets Authority (ESMA) accordingly. That Officially Appointed Mechanism should act as a collection body as defined in Article 2, point (2) of Regulation (EU) XXXX/XXX [ESAP Regulation] and should carry out the specific tasks set out in that Regulation. Where a European Supervisory Authority or a competent authority is required under Union law to draw-up and publish on its website information on the relevant entities and their financial products in relation to financial services, capital markets and sustainability, that authority should act as a collection body as defined in Article 2, point (2) of Regulation (EU) XXXX/XXX [ESAP Regulation]. That authority should publish information in a data extractable format, include the names and, where available, the legal entity identifier of the entity, and specify the type of information.
(6) To ensure that ESAP provides timely access to information that is relevant for financial services, capital markets and sustainability as set out in Regulation (EU) XXXX/XXX [ESAP Regulation], entities should submit their information to a collection body at the same time as they make that information public. In turn, collection bodies should make the information available to ESAP in automated ways and without undue delay, drawing to the extent possible upon the existing collection procedures and infrastructures in place, at Union and national level, for the transmission of information from collection bodies to ESMA.
(7) In order for the information to be digitally usable, entities should submit to the collection bodies the information in at least a data extractable format or, where required under Union law, in a machine-readable format. Entities should also accompany the information they submit to the collection bodies with the metadata requested by those collection bodies. The Commission should be empowered to adopt implementing technical standards developed by the relevant European Supervisory Authority specifying the metadata for each piece of information, the data structuring of the information and information for which a machine-readable format is required and which machine-readable format is to be used in that case. As regards implementing technical standards concerning sustainability information, the Joint Committee of the European Supervisory Authorities should consult the European Financial Reporting Advisory Group (EFRAG) on the development of those draft standards. All such standards should seek to make ESAP future-proof and allow for the possibility of potential global interoperability in the future, and therefore should draw upon global standards and best practices, where relevant.
(8) Entities should be held responsible for the information and accompanying metadata they submit to the collection bodies. Ensuring data integrity and credibility of the source would ▌protect entities from undue alteration of their information, and build public trust in ESAP. To that purpose, documents submitted by entities to the collection bodies should be allowed to be accompanied by a qualified electronic seal included by the reporting entity on the information submitted to the collection bodies where such seal is required, in accordance with specifications set out in Regulation (EU) XXXX/XXX [ESAP Regulation].
(8a) Collection bodies should not be responsible for verifying the accuracy of the content of the information, unless mandated to do so in accordance with the applicable Union legislative acts listed in the Annex to the ESAP Regulation. Entities subject to mandatory reporting should be responsible for ensuring the accuracy of the information submitted pursuant to their legal obligations under the applicable Union legislative acts listed in the Annex to the ESAP Regulation or national law.
(9) The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725[10] and delivered an opinion on 19 January 2022[11].
(10) Since the objective of this Regulation, namely to harmonise the disclosure requirements for the public information that should be accessible through ESAP, cannot be sufficiently achieved by the Member States and can therefore, by reason its scale or effects, be better achieved at Union level, the Union may adopt measures, in accordance with the principle of subsidiarity as set out in Article 5 of the Treaty on European Union. In accordance with the principle of proportionality, as set out in that Article, this Regulation does not go beyond what is necessary in order to achieve that objective.
(11) The following Regulations should therefore be amended accordingly:
– Regulation (EC) No 1060/2009 on credit rating agencies[12];
– Regulation (EU) No 236/2012 on short selling and certain aspects of credit default swaps[13];
– Regulation (EU) No 648/2012 on OTC derivatives, central counterparties and trade repositories[14];
– Regulation (EU) No 345/2013 on European venture capital funds[15];
– Regulation (EU) No 346/2013 on European social entrepreneurship funds[16];
– Regulation (EU) No 575/2013 on prudential requirements for credit institutions and investment[17];
– Regulation (EU) No 537/2014 on specific requirements regarding statutory audit of public-interest entities[18];
– Regulation (EU) No 596/2014 on market abuse (market abuse regulation)[19];
– Regulation (EU) No 600/2014 on markets in financial instruments[20];
– Regulation (EU) No 909/2014 on improving securities settlement in the European Union and on central securities depositories[21];
– Regulation (EU) No 1286/2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs)[22];
– Regulation (EU) 2015/760 on European long-term investment funds[23];
– Regulation (EU) 2015/2365 on transparency of securities financing transactions and of reuse[24];
– Regulation (EU) 2016/1011 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment[25];
– Regulation (EU) 2017/1129 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market[26];
– Regulation (EU) 2017/1131 on money market funds[27];
– Regulation (EU) 2017/2402 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012[28];
– Regulation (EU) 2019/1238 on a pan-European Personal Pension Product (PEPP)[29];
– Regulation (EU) 2019/2033 on the prudential requirements of investment[30];
– Regulation (EU) 2019/2088 on sustainability‐related disclosures in the financial services sector[31];
– Regulation (EU) 2020/852 on the establishment of a framework to facilitate sustainable investment[32];
– Regulation (EU) 2021/23 on a framework for the recovery and resolution of central counterparties[33];
– Regulation (EU) No .../2023 on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937[34];
– Regulation (EU) No .../2023 on European green bonds[35]+,
HAVE ADOPTED THIS REGULATION:
Article 1
Amendment to Regulation (EC) No 1060/2009
In Regulation (EC) 1060/2009 the following Article 13a is inserted:
‘Article 13a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2027, 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.
(va) the country of establishment of the entity;
(vb) the industry sector(s) of the entity’s economic activities, as specified pursuant to Article 7(3) of Regulation (EU) XX/XXXX[ESAP Regulation].
(c) the information may 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 2027, for the purposes of making accessible on ESAP the information referred to in Article 5(3), Article 8d(2), Article 11(2), Article 11a▌, 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.
To ensure consistency with the digital mark-up of sustainability information, ESMA shall consult EFRAG on the development of draft implementing technical standards pertaining to the disclosure of such information.
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
In Regulation (EU) 236/2012, the following Article 11a is inserted:
‘Article 11a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2025, 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 may 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
In Regulation (EU) 648/2012, the following Article 38a is inserted:
‘Article 38a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2027, 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 may 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 2027, 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 2027, 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
In Regulation (EU) 345/2013, the following Article 13a is inserted:
‘Article 13a
Accessibility of information on the European Single Access Point (ESAP)
From 1 January 2027, 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
In Regulation (EU) 346/2013, the following Article 14a is inserted:
‘Article 14a
Accessibility of information on the European Single Access Point (ESAP)
From 1 January 2027, 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
In Regulation (EU) 575/2013, the following Article 434b is inserted:
‘Article 434b
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2027, 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 may 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
In Regulation (EU) 537/2014, the following Article 13a is inserted:
‘Article 13a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2027, 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 may 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 2026, 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
In Regulation (EU) 596/2014, the following Article 21a is inserted:
‘Article 21a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2026, 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 may 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 2025, 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 2026, 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 2026, 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
In Regulation (EU) 600/2014, the following Article 23a is inserted:
‘Article 23a
Accessibility of information on the European Single Access Point (ESAP)
From 1 January 2027, 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
In Regulation (EU) 909/2014, the following Article 74a is inserted:
‘Article 74a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2027, 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 may 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 2027, 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
In Regulation (EU) 1286/2014, the following Article 29a is inserted:
‘Article 29a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2027, 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 may 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 2026, 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 2027, 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
In Regulation (EU) 2015/760, the following Article 25a is inserted:
‘Article 25a
Accessibility of information on the European Single Access Point (ESAP)
From 1 January 2027, 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
In Regulation (EU) 2015/2365, the following Article 32a is inserted:
‘Article 32a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2025, 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 may 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 2025, 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 2025, 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
In Regulation (EU) 2016/2011, the following Article 28a is inserted:
‘Article 28a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2027, 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 may 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 2027, 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
In Regulation (EU) 2017/1129, the following Article 21a is inserted:
‘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 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 may 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 the national competent authority.
From 1 January 2025, 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 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 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
In Regulation (EU) 2017/1131, the following Article 37a is inserted:
‘Article 37a
Accessibility of information on the European Single Access Point (ESAP)
From 1 January 2027, 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
In Regulation (EU) 2019/1238, the following Article 70a is inserted:
‘Article 70a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2027, 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 may 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 2026, 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 2027, 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 2027, 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
In Regulation (EU) 2019/2033, the following Article 46a is inserted:
‘Article 46a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2027, 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 may 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
In Regulation (EU) 2019/2088, the following Article 18a is inserted:
‘Article 18a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2026, 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 may 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
In Regulation (EU) 2020/852, the following Article 8a is inserted:
‘Article 8a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2025, 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 may 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 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 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
In Regulation (EU) 2021/23, the following Article 95a is inserted:
‘Article 95a
Accessibility of information on the European Single Access Point (ESAP)
1. From 1 January 2027, 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 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.
Done at Brussels,
For the European Parliament For the Council
The President The President
OPINION OF THE COMMITTEE ON LEGAL AFFAIRS (29.11.2022)
for the Committee on Economic and Monetary Affairs
on the proposal for a regulation of the European Parliament and of the Council amending certain Regulations as regards the establishment and functioning of the European single access point
(COM(2021)0725 – C9-0436/2021 – 2021/0380(COD))
Rapporteur for opinion: Pascal Durand
SHORT JUSTIFICATION
The financial sectors as well as companies are undergoing an ever-faster digital transformation. The European Union intends to support this development by facilitating access to data and documents made mandatory by the creation of new reporting standards. It is essential that information on corporate sustainability be part of this transparency effort so that not only investors but also consumers are better informed when making investment or purchasing decisions. An effective way to achieve this is to create a 'European Single Access Point' or 'ESAP', which should facilitate access to financial and sustainability information, and should have the ability to process this data by machines, where possible.
The JURI Rapporteur for opinion proposes to amend the ESAP Regulation and the Omnibus Directives and Regulations by focusing first and foremost on the aspects relating to the format and transmission of sustainability data, in particular when the Corporate Sustainability Reporting Directive (CSRD) introduces new reporting obligations.
In order to ensure a smooth treatment of the information received or compiled by the collection bodies and made available on ESAP, the Regulation lays down certain requirements that specify the format of this information and a first list of metadata to be provided.
It is important that some sustainability information, for example climate transition plans or certain information on corporate governance, be not only available online within the digitised management reports but accessible through the ESAP search tool as metadata. Similarly, the level of assurance of sustainability audit engagements – limited or reasonable – is important for judging the robustness of the data provided by companies and the progress they make towards achieving a level of sustainability reporting that is equivalent to that of financial reporting. This information should therefore be integrated into the search tool by means of a specific metadata.
To facilitate timely retrieval and extraction of data, it will be necessary to design the features of the programming interface and to develop a list of digital tags and metadata to be implemented in addition to those already required by the proposed Regulation. To this end, the Joint Committee of the European Supervisory Authorities (ESAs, i.e., ESMA, EBA and EIOPA) will be responsible for developing draft technical standards. Given the central role of the European Financial Reporting Advisory Group (EFRAG) in the development of sustainability reporting standards, it should be involved in the selection and development of these new features, in particular when it comes to defining the requirements for accessibility formats for sustainability information and the choice of machine-readable tags within management reports.
In addition, the European Commission is considering applying user fees above a certain volume and frequency of data use on ESAP. The rapporteur proposes that such charges also apply when the available data are (re)used for commercial purposes. Free access to information should apply in all other cases. In this respect, ESMA should make public the thresholds of data volume and frequency of downloading above which fees apply. It should also be able to identify the users which have involved a large volume of information or frequently updated information, or who intend to commercially re-use the data. An individual, digital declaration appears to be an adequate way for a reliable identification of those users.
AMENDMENTS
The Committee on Legal Affairs calls on the Committee on Economic and Monetary Affairs, as the committee responsible, to take into account the following amendments:
Amendment 1
Proposal for a regulation
Recital 3
|
|
Text proposed by the Commission |
Amendment |
(3) ESAP should provide the public with an easy centralised access to information about entities and their products in relation to financial services, capital markets and sustainability that entities and authorities are required to publish in accordance with a number of Directives in that field . In any case, any natural or legal person may submit information about its economic activities of relevance to financial services, or to capital markets or concerning sustainability to a collection body with a view to making that information accessible on ESAP in accordance with Article 3 of Regulation (EU) XXX/XXX [ESAP Regulation]. |
(3) ESAP should provide the public with an easy centralised access to information about entities and their products in relation to financial services, capital markets and sustainability that entities and authorities are required to publish in accordance with a number of Directives in that field. It should also allow for more consumer-oriented accessibility of relevant information in order to meet the growing demand for quality information, in particular when it comes to sustainability. That should translate into an interface that is as user-friendly as possible, with a high degree of data comparability, and search criteria that are relevant to investors, market participants, advisors, civil society and the public at large, including consumers. In any case, any natural or legal person may submit information about its economic activities of relevance to financial services, or to capital markets or concerning sustainability to a collection body with a view to making that information accessible on ESAP in accordance with Article 3 of Regulation (EU) XXX/XXX [ESAP Regulation]. |
PROCEDURE – COMMITTEE ASKED FOR OPINION
Title |
Amending certain Regulations as regards the establishment and functioning of the European single access point |
|||
References |
COM(2021)0725 – C9-0436/2021 – 2021/0380(COD) |
|||
Committee responsible Date announced in plenary |
ECON 14.2.2022 |
|
|
|
Opinion by Date announced in plenary |
JURI 14.2.2022 |
|||
Associated committees - date announced in plenary |
7.7.2022 |
|||
Rapporteur for the opinion Date appointed |
Pascal Durand 28.2.2022 |
|||
Discussed in committee |
13.7.2022 |
3.10.2022 |
|
|
Date adopted |
29.11.2022 |
|
|
|
Result of final vote |
+: –: 0: |
18 0 2 |
||
Members present for the final vote |
Pascal Arimont, Ilana Cicurel, Pascal Durand, Virginie Joron, Gilles Lebreton, Karen Melchior, Sabrina Pignedoli, Jiří Pospíšil, Adrián Vázquez Lázara, Marion Walsmann, Tiemo Wölken, Javier Zarzalejos |
|||
Substitutes present for the final vote |
Alessandra Basso, Patrick Breyer, Angelika Niebler, Emil Radev, Nacho Sánchez Amor |
|||
Substitutes under Rule 209(7) present for the final vote |
João Albuquerque, Michael Gahler, Claude Gruffat |
|||
FINAL VOTE BY ROLL CALL IN COMMITTEE ASKED FOR OPINION
18 |
+ |
ID |
Alessandra Basso |
NI |
Sabrina Pignedoli |
PPE |
Pascal Arimont, Michael Gahler, Angelika Niebler, Jiří Pospíšil, Emil Radev, Marion Walsmann, Javier Zarzalejos |
RENEW |
Ilana Cicurel, Pascal Durand, Karen Melchior, Adrián Vázquez Lázara |
S&D |
João Albuquerque, Nacho Sánchez Amor, Tiemo Wölken |
VERTS/ALE |
Patrick Breyer, Claude Gruffat |
0 |
- |
|
|
2 |
0 |
ID |
Virginie Joron, Gilles Lebreton |
Key to symbols:
+ : in favour
- : against
0 : abstention
PROCEDURE – COMMITTEE RESPONSIBLE
Title |
Amending certain Regulations as regards the establishment and functioning of the European single access point |
|||
References |
COM(2021)0725 – C9-0436/2021 – 2021/0380(COD) |
|||
Date submitted to Parliament |
25.11.2021 |
|
|
|
Committee responsible Date announced in plenary |
ECON 14.2.2022 |
|
|
|
Committees asked for opinions Date announced in plenary |
BUDG 14.2.2022 |
ITRE 14.2.2022 |
IMCO 14.2.2022 |
JURI 14.2.2022 |
Not delivering opinions Date of decision |
BUDG 9.12.2021 |
ITRE 9.12.2021 |
IMCO 25.1.2022 |
|
Associated committees Date announced in plenary |
JURI 7.7.2022 |
|
|
|
Rapporteurs Date appointed |
Pedro Silva Pereira 2.12.2021 |
|
|
|
Discussed in committee |
30.6.2022 |
25.10.2022 |
1.12.2022 |
|
Date adopted |
31.1.2023 |
|
|
|
Result of final vote |
+: –: 0: |
49 5 0 |
||
Members present for the final vote |
Rasmus Andresen, Anna-Michelle Asimakopoulou, Gunnar Beck, Marek Belka, Isabel Benjumea Benjumea, Stefan Berger, Gilles Boyer, Markus Ferber, Jonás Fernández, Giuseppe Ferrandino, Frances Fitzgerald, Claude Gruffat, José Gusmão, Enikő Győri, Eero Heinäluoma, Michiel Hoogeveen, Danuta Maria Hübner, Stasys Jakeliūnas, France Jamet, Ondřej Kovařík, Georgios Kyrtsos, Aušra Maldeikienė, Csaba Molnár, Andżelika Anna Możdżanowska, Siegfried Mureşan, Caroline Nagtegaal, Luděk Niedermayer, Lefteris Nikolaou-Alavanos, Piernicola Pedicini, Kira Marie Peter-Hansen, Sirpa Pietikäinen, Eva Maria Poptcheva, Evelyn Regner, Antonio Maria Rinaldi, Dorien Rookmaker, Alfred Sant, Joachim Schuster, Ralf Seekatz, Pedro Silva Pereira, Paul Tang, Irene Tinagli, Inese Vaidere, Marco Zanni |
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Substitutes present for the final vote |
Nicola Beer, Damien Carême, Margarida Marques, Eva Maydell, Mikuláš Peksa, Jessica Polfjärd, Erik Poulsen, Mick Wallace |
|||
Substitutes under Rule 209(7) present for the final vote |
Andreas Glück, Camilla Laureti, Leopoldo López Gil |
|||
Date tabled |
6.2.2023 |
|||
FINAL VOTE BY ROLL CALL IN COMMITTEE RESPONSIBLE
49 |
+ |
ID |
France Jamet, Antonio Maria Rinaldi, Marco Zanni |
NI |
Enikő Győri |
PPE |
Anna-Michelle Asimakopoulou, Isabel Benjumea Benjumea, Stefan Berger, Markus Ferber, Frances Fitzgerald, Danuta Maria Hübner, Leopoldo López Gil, Aušra Maldeikienė, Eva Maydell, Siegfried Mureşan, Luděk Niedermayer, Sirpa Pietikäinen, Jessica Polfjärd, Ralf Seekatz, Inese Vaidere |
Renew |
Nicola Beer, Gilles Boyer, Giuseppe Ferrandino, Andreas Glück, Ondřej Kovařík, Georgios Kyrtsos, Caroline Nagtegaal, Eva Maria Poptcheva, Erik Poulsen |
S&D |
Marek Belka, Jonás Fernández, Eero Heinäluoma, Camilla Laureti, Margarida Marques, Csaba Molnár, Evelyn Regner, Alfred Sant, Joachim Schuster, Pedro Silva Pereira, Paul Tang, Irene Tinagli |
The Left |
José Gusmão, Mick Wallace |
Verts/ALE |
Rasmus Andresen, Damien Carême, Claude Gruffat, Stasys Jakeliūnas, Piernicola Pedicini, Mikuláš Peksa, Kira Marie Peter-Hansen |
5 |
- |
ECR |
Michiel Hoogeveen, Andżelika Anna Możdżanowska, Dorien Rookmaker |
ID |
Gunnar Beck |
NI |
Lefteris Nikolaou-Alavanos |
0 |
0 |
|
|
Key to symbols:
+ : in favour
- : against
0 : abstention
- [1] OJ C 307, 12.8.2022, p. 4.
- [2] OJ C 290, 29.7.2022, p. 58.
- [*] Amendments: new or amended text is highlighted in bold italics; deletions are indicated by the symbol ▌.
- [3] OJ C [...], [...], p. [...].. .
- [4] Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, A capital markets union for people and businesses-new action plan, 24.9.2020, COM/2020/590 final..
- [5] Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, A digital finance strategy for the EU, 24.09.2020, COM/2020/591 final..
- [6] Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions, Strategy for financing the transition to a sustainable economy, 06.07.2021, COM/2021/390 final..
- [7] Communication from the Commission to the European Parliament, the European Council, the Council, the European Economic and Social Committee and the Committee of the Regions, The European green deal, 11.12.2019, COM/2019/640 final..
- [8] [OJ: Please insert corresponding footnote: full title and OJ reference].
- [9] Directive 2004/109/EC of the European Parliament and of the Council of 15 December 2004 on the harmonisation of transparency requirements in relation to information about issuers whose securities are admitted to trading on a regulated market and amending Directive 2001/34/EC (OJ L 390, 31.12.2004, p. 38).
- [10] Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the protection of natural persons with regard to the processing of personal data by the Union institutions, bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39).
- [11] OJ C [...], [...], p. [...].
- [12] Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (OJ L 302, 17.11.2009, p. 1).
- [13] Regulation (EU) No 236/2012 of the European Parliament and of the Council of 14 March 2012 on short selling and certain aspects of credit default swaps (OJ L 86, 24.3.2012, p. 1).
- [14] Regulation (EU) No 648/2012 of the European Parliament and of the Council of 4 July 2012 on OTC derivatives, central counterparties and trade repositories (OJ L 201, 27.7.2012, p. 1).
- [15] Regulation (EU) No 345/2013 of the European Parliament and of the Council of 17 April 2013 on European venture capital funds (OJ L 115, 25.4.2013, p. 1).
- [16] Regulation (EU) No 346/2013 of the European Parliament and of the Council of 17 April 2013 on European social entrepreneurship funds (OJ L 115, 25.4.2013, p. 18).
- [17] Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and investment firms and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).
- [18] Regulation (EU) No 537/2014 of the European Parliament and of the Council of 16 April 2014 on specific requirements regarding statutory audit of public-interest entities and repealing Commission Decision 2005/909/EC (OJ L 158, 27.5.2014, p. 77).
- [19] Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (OJ L 173, 12.6.2014, p. 1).
- [20] Regulation (EU) No 600/2014 of the European Parliament and of the Council of 15 May 2014 on markets in financial instruments and amending Regulation (EU) No 648/2012 (OJ L 173, 12.6.2014, p. 84).
- [21] Regulation (EU) No 909/2014 of the European Parliament and of the Council of 23 July 2014 on improving securities settlement in the European Union and on central securities depositories and amending Directives 98/26/EC and 2014/65/EU and Regulation (EU) No 236/2012 (OJ L 257, 28.8.2014, p. 1).
- [22] Regulation (EU) No 1286/2014 of the European Parliament and of the Council of 26 November 2014 on key information documents for packaged retail and insurance-based investment products (PRIIPs) (OJ L 352, 9.12.2014, p. 1).
- [23] Regulation (EU) 2015/760 of the European Parliament and of the Council of 29 April 2015 on European long-term investment funds (OJ L 123, 19.5.2015, p. 98).
- [24] Regulation (EU) 2015/2365 of the European Parliament and of the Council of 25 November 2015 on transparency of securities financing transactions and of reuse and amending Regulation (EU) No 648/2012 (OJ L 337, 23.12.2015, p. 1).
- [25] Regulation (EU) 2016/1011 of the European Parliament and of the Council of 8 June 2016 on indices used as benchmarks in financial instruments and financial contracts or to measure the performance of investment funds and amending Directives 2008/48/EC and 2014/17/EU and Regulation (EU) No 596/2014 (OJ L 171, 29.6.2016, p. 1).
- [26] Regulation (EU) 2017/1129 of the European Parliament and of the Council of 14 June 2017 on the prospectus to be published when securities are offered to the public or admitted to trading on a regulated market, and repealing Directive 2003/71/EC (OJ L 168, 30.6.2017, p. 12).
- [27] Regulation (EU) 2017/1131 of the European Parliament and of the Council of 14 June 2017 on money market funds (OJ L 169, 30.6.2017, p. 8).
- [28] Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012 (OJ L 347, 28.12.2017, p. 35).
- [29] Regulation (EU) 2019/1238 of the European Parliament and of the Council of 20 June 2019 on a pan-European Personal Pension Product (PEPP) (OJ L 198, 25.7.2019, p. 1).
- [30] Regulation (EU) 2019/2033 of the European Parliament and of the Council of 27 November 2019 on the prudential requirements of investment firms and amending Regulations (EU) No 1093/2010, (EU) No 575/2013, (EU) No 600/2014 and (EU) No 806/2014 (OJ L 314, 5.12.2019, p. 1).
- [31] Regulation (EU) 2019/2088 of the European Parliament and of the Council of 27 November 2019 on sustainability‐related disclosures in the financial services sector (OJ L 317, 9.12.2019, p. 1).
- [32] Regulation (EU) 2020/852 of the European Parliament and of the Council of 18 June 2020 on the establishment of a framework to facilitate sustainable investment, and amending Regulation (EU) 2019/2088 (OJ L 198, 22.6.2020, p. 13).
- [33] Regulation (EU) 2021/23 of the European Parliament and of the Council of 16 December 2020 on a framework for the recovery and resolution of central counterparties and amending Regulations (EU) No 1095/2010, (EU) No 648/2012, (EU) No 600/2014, (EU) No 806/2014 and (EU) 2015/2365 and Directives 2002/47/EC, 2004/25/EC, 2007/36/EC, 2014/59/EU and (EU) 2017/1132 (OJ L 22, 22.1.2021, p. 1).
- [34] Regulation (EU) No .../2023 of the European Parliament and of the Council of ... on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 (MiCA) (OJ L ... ... p....).
- OJ: Please insert in the text the number of the Regulation in document PE-CONS 54/22 (2020/0265(COD)) and in the corresponding footnote - the number, date of adoption and publication reference of that Regulation.
- [35] Regulation (EU) No .../2023 of European Parliament and of the Council of ... on European green bonds (OJ ...).
- + OJ: Please insert in the text the number of the Regulation in document PE-CONS .../23 (2021/0191(COD)) and in the corresponding footnote - the number, date of adoption and publication reference of that Regulation.