What changed, Directive 2010/78/EU

− ‘3. The Member State referred to in paragraph 2 shall immediately notify the European Systemic Risk Board, other Member States and the European Supervisory Authority (European Securities and Markets Authority) (hereinafter “ESMA”), established by Regulation (EU) No 1095/2010 of the European Parliame…
− The coordinator shall also inform the competent authorities which have authorised regulated entities in the group and the competent authorities of the Member State in which the mixed financial holding company has its head office, and the Joint Committee of the European Supervisory Authorities (ESA) …
− ‘The competent authorities may also exchange with the following authorities such information as may be needed for the performance of their respective tasks, regarding regulated entities in a financial conglomerate, in line with the provisions laid down in the sectoral rules: central banks, the Europ…
− ### Article 3 — Amendments to Directive 2003/6/EC
− Directive 2003/6/EC is hereby amended as follows:
− (1) In Article 1(5) the following subparagraphs are added:
− ‘The European Supervisory Authority (European Securities and Markets Authority) (hereinafter “ESMA”), established by Regulation (EU) No 1095/2010 of the European Parliament and of the Council (24) may develop draft implementing technical standards to ensure uniform conditions of application of the a…
− Power is conferred on the Commission to adopt the implementing technical standards referred to in the second subparagraph in accordance with Article 15 of Regulation (EU) No 1095/2010.
− (2) In Article 6, the following paragraph is added:
− ‘11. ESMA may develop draft implementing technical standards to ensure uniform conditions of application of the acts adopted by the Commission in accordance with the sixth indent of the first subparagraph of paragraph 10.
− (3) Article 8 is amended as follows:
− (a) the existing text is numbered as paragraph 1.
− ‘2. ESMA may develop draft implementing technical standards to ensure uniform conditions of application of acts adopted by the Commission in accordance with paragraph 1.
− (4) In Article 14 the following paragraph is added:
− ‘5. Member States shall provide ESMA annually with aggregated information regarding all administrative measures and sanctions imposed in accordance with paragraphs 1 and 2.
− Where the competent authority has disclosed an administrative measure or a sanction to the public, it shall contemporaneously report that fact to ESMA.
− Where a published sanction relates to an investment firm authorised in accordance with Directive 2004/39/EC, ESMA shall add a reference to the published sanction in the register of investment firms established under Article 5(3) of Directive 2004/39/EC.’.
− (5) The following Article is inserted:
− ‘Article 15a
− 2. The competent authorities shall, without delay, provide ESMA with all information necessary to carry out its duties, in accordance with Article 35 of Regulation (EU) No 1095/2010.’.
− (6) Article 16 is amended as follows:
− (a) in paragraph 2, the fourth subparagraph is replaced by the following:
− ‘Without prejudice to Article 258 of the Treaty on the Functioning of the European Union (TFEU), a competent authority whose request for information is not acted upon within a reasonable time or whose request for information is rejected may refer that rejection or absence of action within a reasonab…
− (b) in paragraph 4, the fifth subparagraph is replaced by the following:
− ‘Without prejudice to Article 258 TFEU, a competent authority whose application to open an inquiry or whose request for authorisation for its officials to accompany those of the other Member State's competent authority is not acted upon within a reasonable time or is rejected may refer that rejectio…
− ‘5. In order to ensure uniform conditions of application of paragraphs 2 and 4, ESMA may develop draft implementing technical standards on the procedures and forms for exchange of information and for cross-border inspections as referred to in this Article.
− (7) The following Article is inserted:
− ‘Article 17a
− By 1 December 2011 the Commission shall review Articles 1, 6, 8, 14, and 16 and present any appropriate legislative proposals in order to allow the full application of the delegated acts under Article 290 TFEU and implementing acts under Article 291 TFEU in respect of this Directive. Without prejudi…
− ### Article 4 — Amendments to Directive 2003/41/EC
+ ‘3. The Member State referred to in paragraph 2 shall immediately notify the European Systemic Risk Board, other Member States and the European Supervisory Authority (European Securities and Markets Authority) (hereinafter “ESMA”), established by Regulation (EU) No 1095/2010 of the European Parliame…
+ The coordinator shall also inform the competent authorities which have authorised regulated entities in the group and the competent authorities of the Member State in which the mixed financial holding company has its head office, and the Joint Committee of the European Supervisory Authorities (ESA) …
+ ‘The competent authorities may also exchange with the following authorities such information as may be needed for the performance of their respective tasks, regarding regulated entities in a financial conglomerate, in line with the provisions laid down in the sectoral rules: central banks, the Europ…
+ ‘3. In order to ensure consistent harmonisation of this Directive, the European Supervisory Authority (European Securities and Markets Authority) (hereinafter “ESMA”) established by Regulation (EU) No 1095/2010 of the European Parliament and of the Council (*6) may develop draft regulatory technical…
+ ‘3. Paragraph 1 shall not prevent the competent authorities from exchanging confidential information or from transmitting confidential information to ESMA or the European Systemic Risk Board (hereinafter the “ESRB”), subject to constraints relating to firm-specific information and effects on third c…
+ ‘9. In order to ensure the uniform conditions of application of this Article and to take account of technical developments on financial markets, the European Supervisory Authority (European Securities and Markets Authority) (hereinafter “ESMA”), established by Regulation (EU) No 1095/2010 of the Eur…
+ ‘3. Paragraph 1 shall not prevent the competent authorities from exchanging confidential information with, or from transmitting information to, other competent authorities, ESMA and the European Systemic Risk Board (ESRB) established by Regulation (EU) No 1092/2010 of the European Parliament and of …
+ ‘4. The Member States shall inform each other, the European Supervisory Authority (European Banking Authority) (hereinafter “EBA”), established by Regulation (EU) No 1093/2010 of the European Parliament and of the Council (*10), the European Supervisory Authority (European Insurance and Occupational…
+ ‘5. The European Supervisory Authority (European Banking Authority) (hereinafter “EBA”) established by Regulation (EU) No 1093/2010 of the European Parliament and of the Council (*13), may develop draft regulatory technical standards to specify the assessment methodology under which competent author…
+ ‘8. In order to ensure consistent harmonisation of this Article the European Supervisory Authority (European Securities and Markets Authority) (hereinafter “ESMA”), established by Regulation (EU) No 1095/2010 of the European Parliament and of the Council (*14) may develop draft regulatory technical …
+ ‘Competent authorities shall ensure that all information received under the third paragraph aggregated in respect of all the management or investment companies they supervise is accessible to ESMA in accordance with Article 35 of the Regulation (EU) No 1095/2010, and the European Systemic Risk Board…
+ ‘(d) ESMA, the European Supervisory Authority (European Banking Authority) established by Regulation (EU) No 1093/2010 of the European Parliament and of the Council (*16), the European Supervisory Authority (European Insurance and Occupational Pensions Authority) established by Regulation (EU) No 10…
+ (*1) OJ L 331, 15.12.2010, p. 84.’.
+ (*2) OJ L 331, 15.12.2010, p. 12.
+ (*3) OJ L 331, 15.12.2010, p. 48.
+ (*4) OJ L 331, 15.12.2010, p. 84.’;
+ (*5) OJ L 331, 15.12.2010, p. 1.’.
+ (*6) OJ L 331, 15.12.2010, p. 84.’.
+ (*7) OJ L 331, 15.12.2010, p. 1.’;
+ (*8) OJ L 331, 15.12.2010, p. 84.’.
+ (*9) OJ L 331, 15.12.2010, p. 1.’;
+ (*10) OJ L 331, 15.12.2010, p. 12.
+ (*11) OJ L 331, 15.12.2010, p. 48.
+ (*12) OJ L 331, 15.12.2010, p. 84.’.
+ (*13) OJ L 331, 15.12.2010, p. 12.’.
+ (*14) OJ L 331, 15.12.2010, p. 84.’.
+ (*15) OJ L 331, 15.12.2010, p. 1.’;
+ (*16) OJ L 331, 15.12.2010, p. 12.
+ (*17) OJ L 331, 15.12.2010, p. 48.’.