in force 2011-06-01 MODIFIED+120 −1,679§
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 provision now assigns the withdrawal decision to ESMA rather than to the competent authority of the home Member State, and removes the earlier college-of-supervisors procedure involving notification of a facilitator, joint assessment, CESR advice and individual national decisions.
Point (d) of paragraph 1, concerning serious or repeated infringement of operating-condition provisions, is no longer present, and point (b) drops the word "expressly" is unchanged wording but point (c) is now the final listed ground, ending with "or" only after point (b).
The remaining text reassigns to ESMA the function previously held by the competent authority of the home Member State when another Member State's competent authority raises a concern, and the effect provision now refers to the Union instead of the Community and cites Article 24(4) instead of Article 24(2).
Cited: Art. 20, v1 · Art. 20, v2
text before / after
02009R1060-20091207 → 02009R1060-20110601
Article 20
Withdrawal of registration
1. The competent authority of the home Member State Without prejudice to Article 24, ESMA shall withdraw the registration of a credit rating agency where the credit rating agency:
(a) expressly renounces the registration or has provided no credit ratings for the preceding six months;
(b) has obtained the registration by making false statements or by any other irregular means;
or
(c) no longer meets the conditions under which it was registered; or
(d) has seriously or repeatedly infringed the provisions of this Regulation governing the operating conditions for credit rating agencies. registered.
2. Where the competent authority of the home Member State considers that one of the conditions referred to in paragraph 1 has been met, it shall notify the facilitator and closely cooperate with members of the relevant college in order to decide whether or not to withdraw the registration of the credit rating agency.
The members of the college shall carry out a joint assessment and do everything reasonable within their power to reach an agreement on the necessity to withdraw the registration to the credit rating agency.
In the absence of agreement, the competent authority of the home Member State shall, at the request of any of the other members of the college or on its own initiative, request advice from CESR. CESR shall provide its advice within 15 working days of receipt of such request.
The competent authority of each home Member State shall adopt an individual withdrawal decision on the basis of the agreement reached within the college.
In the absence of an agreement between the members of the college within 30 working days of notification to the facilitator as referred to in the first subparagraph, the competent authority of the home Member State may adopt an individual withdrawal decision. Any deviation of its decision from the opinions expressed by the other members of the college and, where appropriate, the advice provided by CESR shall be fully reasoned.
3. The competent authority of a Member State in which credit ratings issued by the credit rating agency concerned are used and which considers that one of the conditions referred to in paragraph 1 has been met may request the relevant college to that ESMA examine whether the conditions for the withdrawal of the registration of the credit rating agency concerned are met. If the competent authority of the home Member State ESMA decides not to withdraw the registration of the credit rating agency concerned, it shall provide full reasons.
4. 3.
The decision on the withdrawal of registration shall take immediate effect throughout the Community, Union, subject to the transitional period for the use of credit ratings referred to in Article 24(2). 24(4).