in force 2011-06-01 MODIFIED+199 −2,506§
Amended by Regulation (EU) No 513/2011 32011R0513
applies from: unchanged
Sources disagree — the text comparison and the EU's own amendment metadata found this change; the amending act's instructions do not mention it. All are shown; none is overruled.
The heading and body of Article 16 change the examining actor from the competent authority of the home Member State and the members of the relevant college, coordinated by a facilitator, to ESMA acting alone.
The process is shortened and restructured: the joint examination and agreement-seeking steps, the CESR advice step, and the separate refusal-decision procedure for continued disagreement are removed, and the examination period, extension period, and cross-references to Article 15 timings are all changed to new figures tied to Article 15(4) instead of Article 15(5).
A new paragraph is added stating that the decision adopted by ESMA under paragraph 3 takes effect on the fifth working day following its adoption, a provision not present in the earlier text.
Cited: Art. 16, v1 · Art. 16, v2
text before / after
texts differ too much for an inline diff; shown separately
before (02009R1060-20091207)
Article 16 Examination of the application for registration of a credit rating agency by the competent authorities 1. The competent authority of the home Member State and the competent authorities which are members of the relevant college shall, within 60 working days of the notification referred to in the second subparagraph of Article 15(5): (a) jointly examine the application for registration; and (b) do everything reasonable within their power to reach an agreement on whether to grant or refuse registration of the credit rating agency based on the compliance of the credit rating agency with the conditions set out in this Regulation. 2. The facilitator may extend the period of examination by 30 working days, in particular if the credit rating agency: (a) envisages endorsing credit ratings as referred to in Article 4(3); (b) envisages using outsourcing; or (c) requests exemption from compliance in accordance with Article 6(3). 3. The facilitator shall coordinate the examination of the application submitted by the credit rating agency and shall ensure that all information necessary to carry out the examination of the application is shared among the members of the relevant college. 4. The competent authority of the home Member State shall prepare a fully reasoned draft decision following the agreement referred to in paragraph 1(b) and shall submit it to the facilitator. In the absence of agreement among the members of the relevant college, the competent authority of the home Member State shall prepare a fully reasoned draft refusal decision based on the written opinions of the members of the college who oppose registration and shall submit it to the facilitator. The members of the college who are in favour of registration shall prepare and submit a detailed explanation of their opinions to the facilitator. 5. Within 60 working days of the notification referred to in the second subparagraph of Article 15(5), and in any event within 90 working days thereof in the event that paragraph 2 applies, the facilitator shall communicate to CESR a fully reasoned draft registration or refusal decision accompanied by the detailed explanations referred to in the second subparagraph of paragraph 4. 6. Within 20 working days of receipt of the communication referred to in paragraph 5, CESR shall provide its advice on the compliance of the credit rating agency with the requirements for the registration to the members of the relevant college. Following receipt of CESR’s advice, the members of the college shall re-examine the draft decision. 7. The competent authority of the home Member State shall adopt a fully reasoned registration or refusal decision within 15 working days of receipt of CESR’s advice. If the competent authority of the home Member State departs from CESR’s advice, it shall provide full reasons. If CESR has provided no advice, the competent authority of the home Member State shall adopt its decision within 30 working days of the communication to CESR of the draft decision in accordance with paragraph 5. In the event of a continued absence of agreement among the members of the relevant college, the competent authority of the home Member State shall adopt a fully reasoned refusal decision, which shall identify the dissenting competent authorities and shall include a description of their opinions.
after (02009R1060-20110601)
Article 16 Examination of the application for registration of a credit rating agency by ESMA 1. ESMA shall, within 45 working days of the notification referred to in the second subparagraph of Article 15(4), examine the application for registration of a credit rating agency based on the compliance of the credit rating agency with the conditions set out in this Regulation. 2. ESMA may extend the period of examination by 15 working days, in particular if the credit rating agency: (a) envisages endorsing credit ratings as referred to in Article 4(3); (b) envisages using outsourcing; or (c) requests exemption from compliance in accordance with Article 6(3). 3. Within 45 working days of the notification referred to in the second subparagraph of Article 15(4), or within 60 working days thereof where paragraph 2 of this Article applies, ESMA shall adopt a fully reasoned decision to register or refuse registration. 4. The decision adopted by ESMA pursuant to paragraph 3 shall take effect on the fifth working day following its adoption.