What changed, Regulation (EU) No 1095/2010

+ In its opinions, the Authority may, where appropriate, address the functioning of legislative acts in force, including the appropriateness of removing any redundant or obsolete reporting and disclosure requirements in Union law or in measures of national law transposing Union law.
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+ To provide opinions on legislative acts in force, as referred to in the second subparagraph, the Authority may consult all relevant stakeholders specifically on that matter and take their input into account. The Commission may, after considering those opinions, where appropriate, submit to the Europ…
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+ **1.** The Authority shall play an active role in building a common Union supervisory culture and consistent supervisory practices, as well as in ensuring uniform procedures and consistent approaches throughout the Union. The Authority shall carry out, at a minimum, the following activities:(a) prov…
− **1.** The Authority shall play an active role in building a common Union supervisory culture and consistent supervisory practices, as well as in ensuring uniform procedures and consistent approaches throughout the Union. The Authority shall carry out, at a minimum, the following activities:(a) prov…
+ **3.** The peer review shall include an assessment of, but shall not be limited to:(a) the adequacy of resources, the degree of independence, and governance arrangements of the competent authority, with particular regard to the effective application of the legislative acts referred to in Article 1(2…
− **3.** The peer review shall include an assessment of, but shall not be limited to:(a) the adequacy of resources, the degree of independence, and governance arrangements of the competent authority, with particular regard to the effective application of the legislative acts referred to in Article 1(2…
+ **4.** Before requesting information in accordance with this Article and in order to ensure that there is no duplication of reporting requirements, the Authority shall take account of information collected by other authorities as defined in Article 35a(12) and any relevant existing statistics produc…
− **4.** Before requesting information in accordance with this Article and in order to avoid the duplication of reporting obligations, the Authority shall take account of any relevant existing statistics produced and disseminated by the European Statistical System and the European System of Central Ba…
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+ ### Article 35a — Exchange of information between authorities and with other entities
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+ **1.** The Authority shall share, on a regular or case-by-case basis, information that it obtained from financial institutions or the other authorities when carrying out its duties and that stems from the application and implementation of Union law, with the other authorities upon request, provided …
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+ **2.** The Authority shall request information from any of the other authorities that have obtained that information, instead of requesting it directly from financial institutions, provided that the Authority is entitled to obtain that information pursuant to Union law.
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+ The first subparagraph shall be without prejudice to the powers of the Authority to obtain the requested information from financial institutions where the other authority is unable to share the information, where urgent action is needed or where obtaining the information directly from financial inst…
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+ **3.** A request to exchange information pursuant to paragraph 1 of this Article shall indicate the legal basis under Union law that entitles the requesting authority to obtain the information from financial institutions or the other authorities.
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+ The requesting authority and the Authority shall be subject to the obligations of professional secrecy and data protection laid down in Articles 70 and 71 and in sectoral legislation which apply to the sharing of information between the financial institution and the requesting authority and between …
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+ **4.** Where the Authority exchanges information pursuant to paragraph 1, it shall, without undue delay, inform each authority from which it obtained the information or each financial institution, if the information was obtained from financial institutions directly, about the exchange. In the case o…
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+ **5.** By way of derogation from paragraph 4, the Authority shall not be obliged to inform the authority or the financial institution, as applicable, about the exchange of information where either of the following conditions is met:(a) the information has been anonymised in such a manner that it no …
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+ **6.** By way of derogation from paragraph 4, the Authority shall not inform the financial institution about the exchange of information if it determines, or is informed by the requesting authority, that doing so could compromise supervisory or resolution proceedings, actions or investigations.
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+ **7.** Paragraphs 1 to 6 shall also apply to information that the Authority has received from a financial institution or the other authorities and upon which the Authority has subsequently performed quality checks or which the Authority has otherwise processed.
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+ **8.** To facilitate exchanges of information as referred to in paragraphs 1 to 7, the Authority and the other authorities may enter into memoranda of understanding regarding the arrangements for such exchanges. The memoranda of understanding may also specify arrangements for the sharing of resource…
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+ **9.** Paragraphs 1 to 8 shall be without prejudice to the protection of intellectual property rights and shall not prevent or restrict the exchange of information between the Authority and the other authorities in accordance with other provisions of this Regulation or with other Union legislation.
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+ In the event of a conflict between this Article and other provisions of this Regulation or other Union legislation that govern the exchange of information between the Authority and the other authorities, such other provisions shall prevail.
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+ **10.** The Authority and the competent authorities may, at their own discretion, grant access to information obtained when carrying out their duties for re-use by financial institutions, researchers and other entities that have a legitimate interest in that information for research and innovation p…
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+ Information received from any authority shall be shared pursuant to the first subparagraph only with the consent of the authority that initially obtained that information.
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+ **11.** By 11 November 2027, the Authority shall, in close cooperation with competent authorities, report to the Commission on all legal obstacles in sectoral legislation that prevent them, in any way, from exchanging information with the other authorities or with other entities. The report may also…
+ Taking into account the report referred to in the first subparagraph, the protection of intellectual property rights and the obligations of professional secrecy and data protection, the Commission shall, where appropriate, submit to the European Parliament and to the Council a legislative proposal t…
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+ **12.** For the purposes of this Article, Article 35(4) and Article 70(3), ‘other authorities’ means any of the following authorities:(a) the ESRB;(b) the European Supervisory Authority (European Banking Authority);(c) the European Supervisory Authority (European Insurance and Occupational Pensions …
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+ For the purposes of this Article, ‘financial institution’ means financial institution as defined in Article 2, point (a), of Regulation (EU) No 1092/2010.
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+ ### Article 35b — Integrated reporting system
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+ **1.** By 11 November 2030, the ESAs, through the Joint Committee and in close cooperation with the ESRB, the European Central Bank (ECB), AMLA, the SRB, the competent authorities and other relevant stakeholders shall prepare a report presenting options to enhance the efficiency of supervisory data …
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+ The report referred to in the first subparagraph shall cover:
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+ (a) a common data dictionary, including a repository of reporting and disclosure requirements, ensuring consistency and clarity of reporting requirements and data standardisation; and
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+ (b) a data space for collecting and exchanging information.
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+ Taking into account the findings of the report referred to in the first subparagraph and following a thorough impact assessment, the Commission shall, where appropriate and necessary, submit to the European Parliament and to the Council a legislative proposal to ensure the financial, human and IT re…
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+ **2.** The ESAs, through the Joint Committee and in close cooperation with the ESRB, the ECB, AMLA, the SRB and the competent authorities, shall promptly establish a permanent single contact point for entities to communicate duplicative, redundant or obsolete reporting and disclosure requirements.
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+ **4.** The Authority shall provide all necessary information, subject to professional secrecy, as set out in Article 70 of this Regulation, and ensure adequate secretarial support for the Securities and Markets Stakeholder Group. Adequate compensation shall be provided to members of the Securities a…
− **4.** The Authority shall provide all necessary information, subject to professional secrecy, as set out in Article 70 of this Regulation, and ensure adequate secretarial support for the Securities and Markets Stakeholder Group. Adequate compensation shall be provided to members of the Securities a…
+ **6.** ►M6 The Board of Supervisors may decide to admit observers. In particular, the Board of Supervisors shall admit a representative of the Authority for Anti-Money Laundering and Countering the Financing of Terrorism established by Regulation (EU) 2024/1620 of the European Parliament and of the …
− **6.** ►M6 The Board of Supervisors may decide to admit observers. In particular, the Board of Supervisors shall admit a representative of the Authority for Anti-Money Laundering and Countering the Financing of Terrorism established by Regulation (EU) 2024/1620 of the European Parliament and of the …
+ **2.** The Joint Committee shall serve as a forum in which the Authority shall cooperate regularly and closely to ensure cross-sectoral consistency, while considering sectoral specificities, with the European Supervisory Authority (European Banking Authority) and the European Supervisory Authority (…
− **2.** The Joint Committee shall serve as a forum in which the Authority shall cooperate regularly and closely to ensure cross-sectoral consistency, while considering sectoral specificities, with the European Supervisory Authority (European Banking Authority) and the European Supervisory Authority (…
+ **1.** The revenues of the Authority, a European body in accordance with Article 70 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (21) (‘the Financial Regulation’), shall consist, in particular, of any combination of the following:▼B(a) obligatory contributions …
− **1.** The revenues of the Authority, a European body in accordance with Article 70 of Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (14) (‘the Financial Regulation’), shall consist, in particular, of any combination of the following:▼B(a) obligatory contributions …
+ The financial rules applicable to the Authority shall be adopted by the Management Board after consulting the Commission. Those rules may not depart from Commission Delegated Regulation (EU) 2019/715 (22) unless the specific operational needs for the functioning of the Authority so require and only …
− The financial rules applicable to the Authority shall be adopted by the Management Board after consulting the Commission. Those rules may not depart from Commission Delegated Regulation (EU) 2019/715 (15) unless the specific operational needs for the functioning of the Authority so require and only …
+ **1.** For the purposes of combating fraud, corruption and any other illegal activity, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (23) shall apply to the Authority without any restriction.
− **1.** For the purposes of combating fraud, corruption and any other illegal activity, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (16) shall apply to the Authority without any restriction.
+ **3.** Paragraphs 1 and 2 of this Article shall not prevent the Authority from exchanging information with competent authorities and with other authorities as defined in Article 35a(12) in accordance with this Regulation and other Union legislation applicable to financial market participants.
− **3.** Paragraphs 1 and 2 shall not prevent the Authority from exchanging information with competent authorities in accordance with this Regulation and with other Union legislation applicable to financial market participants.
+ **4.** The Authority shall apply Commission Decision (EU, Euratom) 2015/444 (24).
− **4.** The Authority shall apply Commission Decision (EU, Euratom) 2015/444 (17).
+ This Regulation shall be without prejudice to the obligations of Member States relating to their processing of personal data under Regulation (EU) 2016/679 or the obligations of the Authority relating to its processing of personal data under Regulation (EU) 2018/1725 of the European Parliament and o…
− This Regulation shall be without prejudice to the obligations of Member States relating to their processing of personal data under Regulation (EU) 2016/679 or the obligations of the Authority relating to its processing of personal data under Regulation (EU) 2018/1725 of the European Parliament and o…
+ **1.** Council Regulation No 1 determining the languages to be used by the European Economic Community (26) shall apply to the Authority.
− **1.** Council Regulation No 1 determining the languages to be used by the European Economic Community (19) shall apply to the Authority.