in force 2011-06-01 MODIFIED+154 −189§
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.
Paragraph 1 now names ESMA, the competent authorities, and the sectoral competent authorities as the parties obliged to supply each other with information without undue delay, and adds that this duty also arises under the relevant sectoral legislation, whereas the earlier text referred only to competent authorities and to duties under this Regulation.
Paragraph 2 now describes ESMA, rather than the competent authorities, as the body that may transmit confidential information to central banks, the European System of Central Banks, the European Central Bank, and the European Systemic Risk Board, and it drops the earlier reference to authorities supervising undertakings under Article 4(1), replacing it with the European Systemic Risk Board.
The reciprocal communication clause in paragraph 2 is now phrased in terms of information that ESMA may need to carry out its duties, in place of the earlier wording referring to the competent authorities' duties.
Cited: Art. 27, v1 · Art. 27, v2
text before / after
02009R1060-20091207 → 02009R1060-20110601
Article 27
Exchange of information
1. The ESMA, the competent authorities, and the sectoral competent authorities shall, without undue delay, supply each other with the information required for the purposes of carrying out their duties under this Regulation. Regulation and under the relevant sectoral legislation.
2. The competent authorities ESMA may transmit to the competent authorities responsible for supervising the undertakings referred to in Article 4(1), central banks, the European System of Central Banks and the European Central Bank, in their capacity as monetary authorities, to the European Systemic Risk Board and, where appropriate, to other public authorities responsible for overseeing payment and settlement systems, confidential information intended for the performance of their tasks. Similarly, such authorities or bodies shall not be prevented from communicating to the competent authorities ESMA information that the competent authorities ESMA may need in order to carry out their its duties under this Regulation.