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Document 32023R2869

Regulation (EU) 2023/2869 of the European Parliament and of the Council of 13 December 2023 amending certain Regulations as regards the establishment and functioning of the European single access point

PE/44/2023/REV/1

OJ L, 2023/2869, 20.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2869/oj (BG, ES, CS, DA, DE, ET, EL, EN, FR, GA, HR, IT, LV, LT, HU, MT, NL, PL, PT, RO, SK, SL, FI, SV)

In force

ELI: http://data.europa.eu/eli/reg/2023/2869/oj

European flag

Official Journal
of the European Union

EN

Series L


2023/2869

20.12.2023

REGULATION (EU) 2023/2869 OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 13 December 2023

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 (1),

Acting in accordance with the ordinary legislative procedure (2),

Whereas:

(1)

Easy and structured access to data, including to information provided on a voluntary basis, is important to enable decision makers in the economy and society to make sound decisions that serve the efficient functioning of the market. Such access is also necessary in order to increase opportunities for the growth and visibility of, and innovation by, small and medium-sized enterprises (SMEs). Rolling out common European data spaces in crucial sectors, including the financial sector, serves the purpose of providing easy access to reliable sources of information in those sectors. The financial sector is itself expected to undergo a digital transformation in the coming years and the Union should support that transformation, in particular by promoting data-driven finance. Furthermore, putting sustainable finance at the heart of the financial system is a key means of achieving the green transition of the Union economy. For that green transition to succeed, 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, non-financial and environmental-, social- and governance-related information about natural or legal persons (‘entities’) that are themselves required to make such information public, or that publicly disclose such information to a collection body on a voluntary basis, needs to be improved. An efficient means of doing so at Union level is to establish a centralised platform giving electronic access to all relevant information.

(2)

In its communication of 24 September 2020 entitled ‘A Capital Markets Union for people and businesses - new action plan’, the Commission proposed to improve public access to entities’ financial and non-financial information by building a European single access point (ESAP). The communication of the Commission of 24 September 2020 entitled ‘A digital finance strategy for the EU’ set out in general terms how the Union could promote the digital transformation of finance in the coming years, in particular how to promote data-driven finance. Subsequently, in its communication of 6 July 2021 entitled ‘Strategy for Financing the Transition to a Sustainable Economy’, the Commission placed sustainable finance at the heart of the financial system, as a key means of achieving the green transition of the Union economy, as part of the European Green Deal set out in the Commission’s communication of 11 December 2019.

(3)

ESAP is established in accordance with Regulation (EU) 2023/2859 of the European Parliament and of the Council (3) in order to provide the public with easy centralised access to information about entities and their products that is of relevance to financial services, capital markets and sustainability, which authorities and entities are required to publish pursuant to Union legislative acts in those fields. Such publication should be carried out in accordance with a ‘file once’ principle and without entailing any additional disclosure requirements beyond those specified by law. In addition, any entity governed by the law of a Member State should be able to submit to a collection body, on a voluntary basis, information about its economic activities that is of relevance to financial services or capital markets, or that concerns sustainability, with a view to making that information accessible on ESAP in accordance with Regulation (EU) 2023/2859.

(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 achieve the sound and efficient functioning of ESAP in a proportionate manner, the scaling-up of the collection and submission of information needs to be gradual. It is intended that the requirement to make information available to ESAP constitutes an integral part of the sectoral Union legislative acts listed in the Annex to Regulation (EU) 2023/2859 and of any further Union legislative act which provides for centralised access to information on ESAP. The information to be made accessible on ESAP and the collection bodies designated for the collection of that information could be revisited as part of the review of those sectoral Union legislative acts, to ensure that ESAP provides market participants with easy centralised access to the information they need and that ESAP becomes the point of reference.

(5)

ESAP should be established with an ambitious timeframe, while taking intermediate steps to ensure its operational soundness and efficiency. In particular, sufficient time should be allocated for the technical implementation of ESAP and for the collection of information to be put in place in Member States. The development of ESAP should have an initial phase of 12 months, to grant sufficient time to Member States and the European Supervisory Authority (European Securities and Markets Authority) (ESMA) established by Regulation (EU) No 1095/2010 of the European Parliament and of the Council (4) to establish the IT infrastructure and test it on the basis of the collection of a limited number of information flows. Subsequently, the development of ESAP should gradually incorporate, over time, an additional number of information flows and functionalities at a pace that allows for ESAP’s sound and efficient development. The functioning of ESAP should be assessed on a regular basis over the course of its implementation and operation to allow for any adjustments to meet the needs of its users and to ensure its technical efficiency.

(6)

For the purposes of the functioning of ESAP, collection bodies should be designated to collect information from entities that is of relevance to financial services, capital markets and sustainability. In the absence of a collection body already established under Union law, Member States should retain flexibility in organising the collection of information in their jurisdiction, should designate at least one collection body, as defined in Regulation (EU) 2023/2859, to collect and store information, and should notify ESMA accordingly. For the purpose of making information accessible on ESAP in a cost-efficient manner, the collection, transmission and storage of information should be based, to the extent possible, on existing collection, transmission and storage procedures and infrastructure in place at the national level as well as those in place for the transmission of information from the collection bodies to ESMA.

(7)

To ensure that ESAP provides timely access to information that is of relevance to financial services, capital markets and sustainability as set out in Regulation (EU) 2023/2859, entities should submit their information to a collection body at the same time as they make that information public. In turn, the collection bodies should make the information available to ESAP in an automated manner. The collection bodies should draw, to the extent possible, upon existing information collection procedures and infrastructure, at Union and national level, for the transmission of information to ESMA without undue delay.

(8)

In order for the information on ESAP to be digitally usable, entities should submit to the collection bodies the information in a data extractable format or, where required by Union law, in a machine-readable format. The information submitted by entities to the collection bodies should be accompanied by the metadata requested by those collection bodies. The Commission should be empowered to adopt implementing technical standards developed by the European Supervisory Authority (European Banking Authority) (EBA) established by Regulation (EU) No 1093/2010 of the European Parliament and of the Council (5), by the European Supervisory Authority (European Insurance and Occupational Pensions Authority) (EIOPA) established by Regulation (EU) No 1094/2010 of the European Parliament and of the Council (6), or by ESMA (known collectively as ‘European Supervisory Authorities’ or ‘ESAs’), specifying the metadata for each piece of information, how the data in the information is to be structured, the information for which a machine-readable format is required and which machine-readable format is to be used in such cases. As regards implementing technical standards concerning sustainability information, the ESAs, acting through the Joint Committee, should liaise with EFRAG on the development of those draft standards. The introduction of a machine-readable format should be justified by an analysis that takes into account the costs and benefits for entities and for users of the information and also for any other concerned parties, in particular the collection bodies, competent authorities and ESAs.

(9)

The collection bodies should not be responsible for verifying the accuracy of the content of the information submitted by entities, unless mandated to do so in accordance with the applicable Union legislative acts listed in the Annex to Regulation (EU) 2023/2859. Entities that submit information on a mandatory basis should be responsible for ensuring the accuracy of the information submitted pursuant to their legal obligations under the applicable Union legislative acts listed in that Annex or under national law.

(10)

The European Data Protection Supervisor was consulted in accordance with Article 42(1) of Regulation (EU) 2018/1725 of the European Parliament and of the Council (7) and delivered formal comments on 19 January 2022.

(11)

The European Central Bank provided its opinion on 7 June 2022 (8).

(12)

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 but can rather, by reason of its scale and 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.

(13)

The following Regulations should therefore be amended accordingly:

Regulation (EC) No 1060/2009 of the European Parliament and of the Council (9);

Regulation (EU) No 236/2012 of the European Parliament and of the Council (10);

Regulation (EU) No 345/2013 of the European Parliament and of the Council (11);

Regulation (EU) No 346/2013 of the European Parliament and of the Council (12);

Regulation (EU) No 575/2013 of the European Parliament and of the Council (13);

Regulation (EU) No 537/2014 of the European Parliament and of the Council (14);

Regulation (EU) No 596/2014 of the European Parliament and of the Council (15);

Regulation (EU) No 600/2014 of the European Parliament and of the Council (16);

Regulation (EU) No 1286/2014 of the European Parliament and of the Council (17);

Regulation (EU) 2015/760 of the European Parliament and of the Council (18);

Regulation (EU) 2015/2365 of the European Parliament and of the Council (19);

Regulation (EU) 2016/1011 of the European Parliament and of the Council (20);

Regulation (EU) 2017/1129 of the European Parliament and of the Council (21);

Regulation (EU) 2017/1131 of the European Parliament and of the Council (22);

Regulation (EU) 2019/1238 of the European Parliament and of the Council (23);

Regulation (EU) 2019/2033 of the European Parliament and of the Council (24);

Regulation (EU) 2019/2088 of the European Parliament and of the Council (25);

Regulation (EU) 2023/1114 of the European Parliament and of the Council (26);

Regulation (EU) 2023/2631 of the European Parliament and of the Council (27),

HAVE ADOPTED THIS REGULATION:

Article 1

Amendments to Regulation (EC) No 1060/2009

Regulation (EC) No 1060/2009 is amended as follows:

(1)

In Article 11a, paragraph 2 is replaced by the following:

‘2.   ESMA shall publish the individual credit ratings submitted to it pursuant to paragraph 1 on a website (‘European rating platform’).

The central repository referred to in Article 11(2) shall be incorporated in the European rating platform.

The European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*1) may fulfil the functions of the European rating platform.

(*1)  Regulation (EU) 2023/2859 of the European Parliament and of the Council of 13 December 2023 establishing a European single access point providing centralised access to publicly available information of relevance to financial services, capital markets and sustainability (OJ L, 2023/2859, 20.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2859/oj).’;"

(2)

the following article is inserted:

‘Article 13a

Accessibility of information on ESAP

1.   From 10 January 2028, when making public any information referred to in Article 8(1), Article 8(6) and (7), Article 8a(1) and (3), Article 10(1) and (4), Article 11(1) and Article 12 of this Regulation, credit rating agencies shall submit that information at the same time to the collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on ESAP.

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format as defined in Article 2, point (4), of that Regulation;

(b)

be accompanied by the following metadata:

(i)

all the names of the credit rating agency to which the information relates;

(ii)

the legal entity identifier of the credit rating agency, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

the size of the credit rating agency by category, as specified pursuant to Article 7(4), point (d), of that Regulation;

(iv)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(v)

an indication of whether the information contains personal data;

(vi)

the country of the registered office of the credit rating agency to which the information relates;

(vii)

the industry sector(s) of the economic activities of the credit rating agency to which the information relates, as specified pursuant to Article 7(4), point (e), of that Regulation.

2.   For the purposes of paragraph 1, point (b)(ii), credit rating agencies shall obtain a legal entity identifier.

3.   For the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be ESMA.

4.   From 10 January 2028, the information referred to in Article 5(3), Article 8d(2), Article 11(2), Article 11a(1) and (2), Article 18(3), Article 24(5) and Article 36d(1) of this Regulation, shall be made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be ESMA.

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859;

(b)

be accompanied by the following metadata:

(i)

all the names of the credit rating agency and of the rated entity to which the information relates;

(ii)

where available, the legal entity identifier of the credit rating agency and of the rated entity, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(iv)

an indication of whether the information contains personal data.

5.   For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, ESMA shall develop draft implementing technical standards to specify the following:

(a)

any other metadata to accompany the information;

(b)

the structuring of data in the information;

(c)

for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used.

For the purposes of point (c), ESMA shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests.

ESMA shall submit those draft implementing technical standards to the Commission.

Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1095/2010.

6.   Where necessary, ESMA shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 5, first subparagraph, point (a), are correct.’.

Article 2

Amendment to Regulation (EU) No 236/2012

In Regulation (EU) No 236/2012, the following article is inserted:

‘Article 11a

Accessibility of information on the European single access point

1.   From 10 July 2026, when making public any information referred to in Article 6(1) of this Regulation, the natural or legal person shall submit that information at the same time to the collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*2).

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation;

(b)

be accompanied by the following metadata:

(i)

all the names of the natural or legal person to which the information relates;

(ii)

for legal persons, the legal entity identifier of the person, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

for legal persons, the size of the person by category, as specified pursuant to Article 7(4), point (d), of that Regulation;

(iv)

the type of information as classified pursuant to Article 7(4), point (c), of that Regulation;

(v)

an indication of whether the information contains personal data.

2.   For the purposes of paragraph 1, point (b)(ii), legal persons shall obtain a legal entity identifier.

3.   For the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the competent authority.

4.   For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, ESMA shall develop draft implementing technical standards to specify:

(a)

any other metadata to accompany the information;

(b)

the structuring of data in the information;

(c)

for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used.

For the purposes of point (c), ESMA shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests.

ESMA shall submit those draft implementing technical standards to the Commission.

Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1095/2010.

5.   Where necessary, ESMA shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 4, first subparagraph, point (a), are correct.

Article 3

Amendment to Regulation (EU) No 345/2013

In Regulation (EU) No 345/2013, the following article is inserted:

‘Article 17a

Accessibility of information on the European single access point

From 10 January 2028, the information referred to in Article 17(1) of this Regulation shall be made accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*3). For that purpose, the collection body as defined in Article 2, point (2), of that Regulation shall be ESMA. ESMA shall draw that information from the information notified by the competent authority of the home Member State in accordance with Article 16(1) of this Regulation for the purpose of the establishment of the central database referred to in Article 17(1) of this Regulation.

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859;

(b)

be accompanied by the following metadata:

(i)

all the names of the fund to which the information relates;

(ii)

where available, the legal entity identifier of the fund, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

the type of information as classified pursuant to Article 7(4), point (c), of that Regulation;

(iv)

an indication of whether the information contains personal data.

Article 4

Amendment to Regulation (EU) No 346/2013

In Regulation (EU) No 346/2013, the following article is inserted:

‘Article 18a

Accessibility of information on the European single access point

From 10 January 2028, the information referred to in Article 18(1) of this Regulation shall be made accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*4). For that purpose, the collection body as defined in Article 2, point (2), of that Regulation shall be ESMA. ESMA shall draw that information from the information notified by the competent authority of the home Member State in accordance with Article 17(1) of this Regulation for the purpose of the establishment of the central database referred to in Article 18(1) of this Regulation.

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859;

(b)

be accompanied by the following metadata:

(i)

all the names of the fund to which the information relates;

(ii)

where available, the legal entity identifier of the fund, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

the type of information as classified pursuant to Article 7(4), point (c), of that Regulation;

(iv)

an indication of whether the information contains personal data.

Article 5

Amendment to Regulation (EU) No 575/2013

In Regulation (EU) No 575/2013, the following article is inserted:

‘Article 434b

Accessibility of information on the European single access point

1.   From 10 January 2030, when making public any information referred to in Part Eight of this Regulation, the institutions shall submit that information at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*5).

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation;

(b)

be accompanied by the following metadata:

(i)

all the names of the institution to which the information relates;

(ii)

the legal entity identifier of the institution, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

the size of the institution by category, as specified pursuant to Article 7(4), point (d), of that Regulation;

(iv)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(v)

an indication of whether the information contains personal data.

2.   For the purposes of paragraph 1, point (b)(ii), institutions shall obtain a legal entity identifier.

3.   For the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be EBA.

4.   For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, EBA shall develop draft implementing technical standards to specify:

(a)

any other metadata to accompany the information;

(b)

the structuring of data in the information;

(c)

for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used.

For the purposes of point (c), EBA shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests.

EBA shall submit those draft implementing technical standards to the Commission.

Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1093/2010.

5.   Where necessary, EBA shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 4, first subparagraph, point (a), are correct.

Article 6

Amendment to Regulation (EU) No 537/2014

In Regulation (EU) No 537/2014, the following article is inserted:

‘Article 13a

Accessibility of information on the European single access point

1.   From 10 January 2030, when making public any information referred to in Article 13 of this Regulation, the statutory auditor or the audit firm shall submit that information at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*6).

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation;

(b)

be accompanied by the following metadata:

(i)

all the names of the statutory auditor or audit firm to which the information relates;

(ii)

for legal persons, the legal entity identifier of the audit firm, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

for legal persons, the size of the audit firm by category, as specified pursuant to Article 7(4), point (d), of that Regulation;

(iv)

the type of information as classified pursuant to Article 7(4), point (c), of that Regulation;

(v)

an indication of whether the information contains personal data.

2.   For the purposes of paragraph 1, point (b)(ii), audit firms that are legal persons shall obtain a legal entity identifier.

3.   By 9 January 2030, for the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, Member States shall designate at least one collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 and notify ESMA thereof.

4.   For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, implementing powers are conferred on the Commission, following the consultation of the CEAOB, to specify:

(a)

any other metadata to accompany the information;

(b)

the structuring of data in the information;

(c)

for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used.

For the purposes of point (c), the Commission shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests.

Article 7

Amendment to Regulation (EU) No 596/2014

In Regulation (EU) No 596/2014, the following article is inserted:

‘Article 21a

Accessibility of information on the European single access point

1.   From 10 January 2028, when making public any information referred to in Article 17(1) and (2) and Article 19(3) of this Regulation, the issuer or the emission allowance market participant shall submit that information at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*7).

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation;

(b)

be accompanied by the following metadata:

(i)

all the names of the issuer or the emission allowance market participant to which the information relates;

(ii)

the legal entity identifier of the issuer or of the emission allowance market participant that is a legal person, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

the size, by category, of the issuer or of the emission allowance market participant that is a legal person, as specified pursuant to Article 7(4), point (d), of that Regulation;

(iv)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(v)

an indication of whether the information contains personal data.

2.   For the purposes of paragraph 1, point (b)(ii), issuers and emission allowance market participants that are legal persons shall obtain a legal entity identifier.

3.   By 9 January 2028, for the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, Member States shall designate at least one collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 and notify ESMA thereof.

4.   From 10 January 2028, where national law provides that a competent authority is itself permitted to make public the information referred to in Article 19(3) of this Regulation for the purpose of making that information accessible on ESAP, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the competent authority.

5.   From 10 January 2028, the information referred to in Article 34(1) of this Regulation shall be made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the competent authority.

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859;

(b)

be accompanied by the following metadata:

(i)

all the names of the issuer to which the information relates;

(ii)

where available, the legal entity identifier of the issuer, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(iv)

an indication of whether the information contains personal data.

6.   For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, ESMA shall develop draft implementing technical standards to specify:

(a)

any other metadata to accompany the information;

(b)

the structuring of data in the information;

(c)

for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used.

For the purposes of point (c), ESMA shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests.

ESMA shall submit those draft implementing technical standards to the Commission.

Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1095/2010.

7.   Where necessary, ESMA shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 6, first subparagraph, point (a), are correct.

Article 8

Amendment to Regulation (EU) No 600/2014

In Regulation (EU) No 600/2014, the following article is inserted:

‘Article 23a

Accessibility of information on the European single access point

From 10 January 2030, the information referred to in Article 14(6), Article 15(1), second subparagraph, Articles 18(4) and 27(1), Article 34, Articles 40(5), 42(5), 44(2), 45(6) and Article 48 of this Regulation, shall be made accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*8). The collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be ESMA.

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859;

(b)

be accompanied by the following metadata:

(i)

all the names of the investment firm to which the information relates;

(ii)

where available, the legal entity identifier of the investment firm, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(iv)

an indication of whether the information contains personal data.

Article 9

Amendment to Regulation (EU) No 1286/2014

In Regulation (EU) No 1286/2014, the following article is inserted:

‘Article 29a

Accessibility of information on the European single access point

1.   From 10 January 2028, when making public the key information document referred to in Article 5(1) of this Regulation, the PRIIPs manufacturer shall submit that key information document at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*9).

That key information document shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation;

(b)

be accompanied by the following metadata:

(i)

all the names of the PRIIP manufacturer to which the information relates;

(ii)

for legal persons, the legal entity identifier of the PRIIP manufacturer, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

for legal persons, the size of the PRIIP manufacturer by category, as specified pursuant to Article 7(4), point (d), of that Regulation;

(iv)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(v)

an indication of whether the information contains personal data.

2.   For the purposes of paragraph 1, point (b)(ii), PRIIP manufacturers that are legal persons shall obtain a legal entity identifier.

3.   By 9 January 2028, for the purpose of making the key information document referred to in paragraph 1 of this Article accessible on ESAP, Member States shall designate at least one collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 and notify ESMA thereof.

4.   From 10 January 2028 the information referred to in Articles 27(1) and 29(1) of this Regulation shall be made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the competent authority as defined in Article 4, point (8), of this Regulation.

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859;

(b)

be accompanied by the following metadata:

(i)

all the names of the PRIIP manufacturer to which the information relates;

(ii)

where available, the legal entity identifier of the PRIIP manufacturer, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(iv)

an indication of whether the information contains personal data.

5.   For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, the ESAs, through the Joint Committee, shall develop draft implementing technical standards to specify:

(a)

any other metadata to accompany the information;

(b)

the structuring of data in the information;

(c)

for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used.

For the purposes of point (c), the ESAs shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests for that purpose.

The ESAs shall submit those draft implementing technical standards to the Commission.

Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1093/2010, Article 15 of Regulation (EU) No 1094/2010 and Article 15 of Regulation (EU) No 1095/2010.

6.   Where necessary, the ESAs, through the Joint Committee, shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 5, first subparagraph, point (a), are correct.

Article 10

Amendment to Regulation (EU) 2015/760

In Regulation (EU) 2015/760, the following article is inserted:

‘Article 25a

Accessibility of information on the European single access point

From 10 January 2030, the information referred to in Article 3(3), second subparagraph, of this Regulation shall be made accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*10). For that purpose, the collection body as defined in Article 2, point (2), of that Regulation shall be ESMA. ESMA shall draw that information from the information notified by the competent authority of the ELTIFs in accordance with Article 3(3), first subparagraph, of this Regulation for the purpose of establishment of the central public register referred to in Article 3(3), second subparagraph, of this Regulation.

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859;

(b)

be accompanied by the following metadata:

(i)

all the names of the authorised ELTIF to which the information relates;

(ii)

where available, the legal entity identifier of the authorised ELTIF, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(iv)

an indication of whether the information contains personal data.

Article 11

Amendment to Regulation (EU) 2015/2365

In Regulation (EU) 2015/2365, the following article is inserted:

‘Article 32a

Accessibility of information on the European single access point

1.   From 10 January 2030, when making public any information referred to in Article 12(1) of this Regulation, trade repositories shall submit that information at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*11).

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation;

(b)

be accompanied by the following metadata:

(i)

all the names of the trade repository to which the information relates;

(ii)

the legal entity identifier of the trade repository, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

the size of the trade repository by category, as specified pursuant to Article 7(4), point (d), of that Regulation;

(iv)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(v)

an indication of whether the information contains personal data.

2.   For the purposes of paragraph 1, point (b)(ii), trade repositories shall obtain a legal entity identifier.

3.   For the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be ESMA.

4.   From 10 January 2030, the information referred to in Article 22(4), point (b), Article 25(3) and Article 26(1) and (4) of this Regulation shall be made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the competent authority.

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859;

(b)

be accompanied by the following metadata:

(i)

all the names of the person to which the information relates;

(ii)

where available, the legal entity identifier of the person, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(iv)

an indication of whether the information contains personal data.

5.   From 10 January 2030, the information referred to in Article 8(3), Article 19(8), Article 25(1), second sentence, and Article 25(2), second sentence, of this Regulation shall be made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be ESMA.

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format, as defined in Article 2, point (3), of Regulation (EU) 2023/2859;

(b)

be accompanied by the following metadata:

(i)

all the names of the trade repository to which the information relates;

(ii)

where available, the legal entity identifier of the trade repository, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(iv)

an indication of whether the information contains personal data.

6.   For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, ESMA shall develop draft implementing technical standards to specify:

(a)

any other metadata to accompany the information;

(b)

the structuring of data in the information;

(c)

for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used.

For the purposes of point (c), ESMA shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests for that purpose.

ESMA shall submit those draft implementing technical standards to the Commission.

Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1095/2010.

7.   Where necessary, ESMA shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 6, first subparagraph, point (a), are correct.

Article 12

Amendment to Regulation (EU) 2016/1011

In Regulation (EU) 2016/1011, the following article is inserted:

‘Article 28a

Accessibility of information on the European single access point

1.   From 10 January 2028, when making public any information referred to in Article 4(5), Article 11(1), point (c), Articles 12(3), 13(1), 25(7), 26(3), 27(1) and 28(1) of this Regulation, the administrator shall submit that information at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*12).

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation;

(b)

be accompanied by the following metadata:

(i)

all the names of the administrator to which the information relates;

(ii)

for legal persons, the legal entity identifier of the administrator, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

for legal persons, the size of the administrator by category, as specified pursuant to Article 7(4), point (d), of that Regulation;

(iv)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(v)

an indication of whether the information contains personal data.

2.   For the purposes of paragraph 1, point (b)(ii), administrators that are legal persons shall obtain a legal entity identifier.

3.   For the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the competent authority.

4.   From 10 January 2028, the information referred to in Article 45(1) of this Regulation shall be made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the competent authority.

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859;

(b)

be accompanied by the following metadata:

(i)

all the names of the administrator to which the information relates;

(ii)

where available, the legal entity identifier of the administrator, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(iv)

an indication of whether the information contains personal data.

5.   From 10 January 2028, the information referred to in Article 36 of this Regulation shall be made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be ESMA.

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859;

(b)

be accompanied by the following metadata:

(i)

all the names of the administrator to which the information relates;

(ii)

where available, the legal entity identifier of the administrator, as specified pursuant to Article 7(4), point (b), of that Regulation;

(iii)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(iv)

and indication of whether the information contains personal data.

6.   For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, ESMA shall develop draft implementing technical standards to specify:

(a)

any other metadata to accompany the information;

(b)

the structuring of data in the information;

(c)

for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used.

For the purposes of point (c), ESMA shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests.

ESMA shall submit those draft implementing technical standards to the Commission.

Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1095/2010.

7.   Where necessary, ESMA shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 6, first subparagraph, point (a), are correct.

Article 13

Amendment to Regulation (EU) 2017/1129

In Regulation (EU) 2017/1129, the following article is inserted:

‘Article 21a

Accessibility of information on the European single access point

1.   From 10 July 2026, when making public any information referred to in Article 1(4) points (f) and (g), Article 1(5) first subparagraph, points (e) and (f), Articles 8(5), 9(4), 10(2), 17(2), 21(1), 21(9) and 23(1) of this Regulation, the issuer, the offeror or the person asking for admission to trading on a regulated market, where relevant, shall submit that information at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*13).

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation;

(b)

be accompanied by the following metadata:

(i)

all the names of the issuer, the offeror, or the person asking for admission to trading on a regulated market, where relevant, to which the information relates;

(ii)

for legal persons, 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), point (b), of Regulation (EU) 2023/2859;

(iii)

for legal persons, the size of the issuer by category, as specified pursuant to Article 7(4), point (d), of that Regulation;

(iv)

the industry sector(s) of the economic activities of the issuer, as specified pursuant to Article 7(4), point (e), of that Regulation;

(v)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(vi)

an indication of whether the information contains personal data.

2.   For the purposes of paragraph 1, point (b)(ii), issuers, offerors, or persons asking for admission to trading on a regulated market that are legal persons shall obtain a legal entity identifier.

3.   For the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the competent authority. The competent authority shall, to the extent possible, build upon the procedures and infrastructures designed and implemented in application of Article 25(6), of this Regulation.

4.   From 10 July 2026, for the purposes of making the information referred to in Article 42(1) of this Regulation accessible on ESAP, the collection body defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the competent authority.

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859;

(b)

be accompanied by the following metadata:

(i)

all the names of the issuer or, where applicable, of the offeror to which the information relates;

(ii)

where available, the legal entity identifier of the issuer or, where applicable, of the offeror, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(iv)

an indication of whether the information contains personal data.

5.   For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, ESMA shall develop draft implementing technical standards to specify:

(a)

any other metadata to accompany the information;

(b)

the structuring of data in the information;

(c)

for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used.

For the purposes of point (c), ESMA shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests.

ESMA shall submit those draft implementing technical standards to the Commission.

Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1095/2010.

6.   Where necessary, ESMA shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 5, first subparagraph, point (a), are correct.

Article 14

Amendment to Regulation (EU) 2017/1131

In Regulation (EU) 2017/1131, the following article is inserted:

‘Article 37a

Accessibility of information on the European single access point

From 10 January 2030, the information referred to in Article 4(7) of this Regulation shall be accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*14). For that purpose, the collection body as defined in Article 2, point (2), of that Regulation shall be ESMA. ESMA shall draw that data from the information notified by the competent authorities in accordance with Article 4(6) of this Regulation for the purpose of establishment of the central public register referred to in Article 4(7) of this Regulation.

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859;

(b)

be accompanied by the following metadata:

(i)

all the names of the fund to which the information relates;

(ii)

where available, the legal entity identifier of the fund, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(iv)

an indication of whether the information contains personal data.

Article 15

Amendment to Regulation (EU) 2019/1238

In Regulation (EU) 2019/1238, the following article is inserted:

‘Article 70a

Accessibility of information on the European single access point

1.   From 10 January 2028, when making public any information referred to in Article 26(1) of this Regulation, the PEPP provider shall submit that information at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*15).

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation;

(b)

be accompanied by the following metadata:

(i)

all the names of the PEPP provider to which the information relates;

(ii)

the legal entity identifier of the PEPP provider, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

the size of the PEPP provider by category, as specified pursuant to Article 7(4), point (d), of that Regulation;

(iv)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(v)

an indication of whether the information contains personal data.

2.   For the purposes of paragraph 1, point (b)(ii), PEPP providers shall obtain a legal entity identifier.

3.   By 9 January 2028, for the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, Member States shall designate at least one collection body referred to in Article 2, point (2), of Regulation (EU) 2023/2859 and notify ESMA thereof.

4.   From 10 January 2028, the information referred to in Article 65(6) of this Regulation shall be made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be EIOPA.

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859;

(b)

be accompanied by the following metadata:

(i)

all the names of the PEPP provider to which the information relates;

(ii)

where available, the legal entity identifier of the PEPP provider, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(iv)

an indication of whether the information contains personal data.

5.   From 10 January 2028, the information referred to in Article 63(4) and Article 69(1) and (4) of this Regulation shall be made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be the competent authority.

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format, as defined in Article 2, point (3), of Regulation (EU) 2023/2859;

(b)

be accompanied by the following metadata:

(i)

all the names of the PEPP provider to which the information relates;

(ii)

where available, the legal entity identifier of the PEPP provider, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(iv)

an indication of whether the information contains personal data.

6.   For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, EIOPA shall develop draft implementing technical standards to specify:

(a)

any other metadata to accompany the information;

(b)

the structuring of data in the information;

(c)

for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used.

For the purposes of point (c), EIOPA shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests for that purpose.

EIOPA shall submit those draft implementing technical standards to the Commission.

Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1094/2010.

7.   Where necessary, EIOPA shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 6, first subparagraph, point (a), are correct.

Article 16

Amendment to Regulation (EU) 2019/2033

In Regulation (EU) 2019/2033, the following article is inserted:

‘Article 46a

Accessibility of information on the European single access point

1.   From 10 January 2030, when making public any information referred to in Part Six of this Regulation, investment firms shall submit that information at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*16).

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation;

(b)

be accompanied by the following metadata:

(i)

all the names of the investment firm to which the information relates;

(ii)

the legal entity identifier of the investment firm, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

the size of the investment firm by category, as specified pursuant to Article 7(4), point (d), of that Regulation;

(iv)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(v)

an indication of whether the information contains personal data.

2.   For the purposes of paragraph 1, point (b)(ii), investment firms shall obtain a legal entity identifier.

3.   For the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be EBA.

4.   For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, EBA shall develop draft implementing technical standards to specify:

(a)

any other metadata to accompany the information;

(b)

the structuring of data in the information;

(c)

for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used.

For the purposes of point (c), EBA, shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests for that purpose.

EBA shall submit those draft implementing technical standards to the Commission.

Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1093/2010.

5.   Where necessary, EBA shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 4, first subparagraph, point (a), are correct.

Article 17

Amendment to Regulation (EU) 2019/2088

In Regulation (EU) 2019/2088, the following article is inserted:

‘Article 18a

Accessibility of information on the European single access point

1.   From 10 January 2028, when making public any information referred to in Article 3(1) and (2), Article 4(1), (3), (4) and (5), Articles 5(1) and 10(1) of this Regulation, financial market participants and financial advisers shall submit that information at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*17).

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation;

(b)

be accompanied by the following metadata:

(i)

all the names of the financial market participant or financial adviser to which the information relates;

(ii)

for legal persons, the legal entity identifier of the financial market participant or financial adviser, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

for legal persons, the size of the financial market participant or financial adviser by category, as specified pursuant to Article 7(4), point (d), of that Regulation;

(iv)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(v)

an indication of whether the information contains personal data.

2.   For the purposes of paragraph 1, point (b)(ii), financial market participants and financial advisers that are legal persons shall obtain a legal entity identifier.

3.   By 9 January 2028, for the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, Member States shall designate at least one collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 and notify ESMA thereof.

4.   For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, the ESAs, through the Joint Committee, shall develop draft implementing technical standards to specify:

(a)

any other metadata to accompany the information;

(b)

the structuring of data in the information;

(c)

for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used.

For the purposes of point (c), the ESAs shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests for that purpose.

The ESAs shall submit those draft implementing technical standards to the Commission.

Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1093/2010, Article 15 of Regulation (EU) No 1094/2010 and Article 15 of Regulation (EU) No 1095/2010.

5.   Where necessary, the ESAs, through the Joint Committee, shall adopt guidelines to ensure that the metadata submitted in accordance with paragraph 4, first subparagraph, point (a), are correct.

Article 18

Amendment to Regulation (EU) 2023/1114

In Regulation (EU) 2023/1114, the following article is inserted:

‘Article 110a

Accessibility of information on the European single access point

1.   From 10 January 2030, when making public any information referred to in Article 88(1) of this Regulation, the issuer, offeror or person seeking admission to trading shall submit that information at the same time to the relevant collection body referred to in paragraph 3 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*18).

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of that Regulation;

(b)

be accompanied by the following metadata:

(i)

all the names of the issuer, offeror or person seeking admission to trading to which the information relates;

(ii)

for legal persons, the legal entity identifier of the issuer, offeror or person seeking admission to trading, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

for legal persons, the size, by category, of the issuer, offeror or person seeking admission to trading, as specified pursuant to Article 7(4), point (d), of that Regulation;

(iv)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(v)

an indication of whether the information contains personal data.

2.   For the purposes of paragraph 1, point (b)(ii), the issuer, offeror or person seeking admission to trading shall obtain a legal entity identifier.

3.   By 9 January 2030, for the purpose of making the information referred to in paragraph 1 of this Article accessible on ESAP, Member States shall designate at least one collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 and notify ESMA thereof.

4.   From 10 January 2030, the information referred to in Articles 109 and 110 of this Regulation shall be made accessible on ESAP. For that purpose, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be ESMA.

That information shall comply with the following requirements:

(a)

be submitted in a machine-readable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859;

(b)

be accompanied by the following metadata:

(i)

all the names of the issuer of asset-referenced tokens, issuer of e-money tokens and crypto-asset service provider to which the information relates;

(ii)

where available, the legal entity identifier of the issuer of asset-referenced tokens, issuer of e-money tokens and crypto-asset service provider, as specified pursuant to Article 7(4), point (b), of that Regulation;

(iii)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(iv)

an indication of whether the information contains personal data.

5.   For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, ESMA shall develop draft implementing technical standards to specify:

(a)

any other metadata to accompany the information;

(b)

the structuring of data in the information;

(c)

for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used.

For the purposes of point (c), ESMA shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests.

ESMA shall submit those draft implementing technical standards to the Commission.

Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1095/2010.

6.   Where necessary, ESMA shall adopt guidelines for entities to ensure that the metadata submitted in accordance with paragraph 5, first subparagraph, point (a), are correct.

Article 19

Amendment to Regulation (EU) 2023/2631

In Regulation (EU) 2023/2631, the following article is inserted:

‘Article 15a

Accessibility of information on the European single access point

1.   From 10 January 2030, when making public any of the following:

(a)

the factsheet, the pre-issuance review related to the factsheet, annual allocation reports, the post-issuance review related to one or several annual allocation reports, the impact report, the impact report review referred to in Article 15;

(b)

the pre-issuance disclosures referred to in Article 20, and the periodic post-issuance disclosures referred to in Article 21;

the issuer shall submit that information at the same time to the relevant collection body referred to in paragraph 3 or 4 of this Article for the purpose of making it accessible on the European single access point (ESAP) established under Regulation (EU) 2023/2859 of the European Parliament and of the Council (*19).

That information shall comply with the following requirements:

(a)

be submitted in a data extractable format as defined in Article 2, point (3), of Regulation (EU) 2023/2859 or, where required by Union law, in a machine-readable format, as defined in Article 2, point (4), of Regulation (EU) 2023/2859;

(b)

be accompanied by the following metadata:

(i)

all the names of the issuer to which the information relates;

(ii)

the legal entity identifier of the issuer, as specified pursuant to Article 7(4), point (b), of Regulation (EU) 2023/2859;

(iii)

the size of the issuer by category, as specified pursuant to Article 7(4), point (d), of that Regulation;

(iv)

the type of information, as classified pursuant to Article 7(4), point (c), of that Regulation;

(v)

an indication of whether the information contains personal data.

2.   For the purposes of paragraph 1, second subparagraph, point (b)(ii), the issuer shall obtain a legal entity identifier.

3.   For the purpose of making the information referred to in paragraph 1, first subparagraph, point (a), of this Article accessible on ESAP, the collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 shall be ESMA.

4.   By 9 January 2030, for the purpose of making the information referred to in paragraph 1, first subparagraph, point (b), of this Article accessible on ESAP, Member States shall designate at least one collection body as defined in Article 2, point (2), of Regulation (EU) 2023/2859 and notify ESMA thereof.

5.   For the purpose of ensuring the efficient collection and management of information submitted in accordance with paragraph 1, ESMA shall develop draft implementing technical standards to specify:

(a)

any other metadata to accompany the information;

(b)

the structuring of data in the information;

(c)

for which information a machine-readable format is required and, in such cases, which machine-readable format is to be used.

For the purposes of point (c), ESMA shall assess the advantages and disadvantages of different machine-readable formats and conduct appropriate field tests.

ESMA shall submit those draft implementing technical standards to the Commission.

Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1095/2010.

6.   Where necessary, ESMA shall adopt guidelines for entities to ensure that the metadata submitted in accordance with paragraph 5, first subparagraph, point (a), are correct.

Article 20

Entry into force

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at Strasbourg, 13 December 2023.

For the European Parliament

The President

R. METSOLA

For the Council

The President

P. NAVARRO RÍOS


(1)   OJ C 290, 29.7.2022, p. 58.

(2)  Position of the European Parliament of 9 November 2023 (not yet published in the Official Journal) and decision of the Council of 27 November 2023.

(3)  Regulation (EU) 2023/2859 of the European Parliament and of the Council of 13 December 2023 establishing a European single access point providing centralised access to publicly available information of relevance to financial services, capital markets and sustainability (OJ L, 2023/2859, 20.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2859/oj).

(4)  Regulation (EU) No 1095/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Securities and Markets Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/77/EC (OJ L 331, 15.12.2010, p. 84).

(5)  Regulation (EU) No 1093/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Banking Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/78/EC (OJ L 331, 15.12.2010, p. 12).

(6)  Regulation (EU) No 1094/2010 of the European Parliament and of the Council of 24 November 2010 establishing a European Supervisory Authority (European Insurance and Occupational Pensions Authority), amending Decision No 716/2009/EC and repealing Commission Decision 2009/79/EC (OJ L 331, 15.12.2010, p. 48).

(7)  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).

(8)   OJ C 307, 12.8.2022, p. 3.

(9)  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).

(10)  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).

(11)  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).

(12)  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).

(13)  Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).

(14)  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).

(15)  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).

(16)  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).

(17)  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).

(18)  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).

(19)  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).

(20)  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).

(21)  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).

(22)  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).

(23)  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).

(24)  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).

(25)  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).

(26)  Regulation (EU) 2023/1114 of the European Parliament and of the Council of 31 May 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 (OJ L 150, 9.6.2023, p. 40).

(27)  Regulation (EU) 2023/2631 of European Parliament and of the Council of 22 November 2023 on European Green Bonds and optional disclosures for bonds marketed as environmentally sustainable and for sustainability-linked bonds (OJ L, 2023/2631, 30.11.2023, ELI: http://data.europa.eu/eli/reg/2023/2631/oj).


ELI: http://data.europa.eu/eli/reg/2023/2869/oj

ISSN 1977-0677 (electronic edition)


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