in force 2011-06-01 MODIFIED+1,296 −129§
Amended by Regulation (EU) No 513/2011 32011R0513
applies from: unchanged
The article's heading and subject change from delegation of tasks between competent authorities to delegation of tasks by ESMA to competent authorities, and the actor delegating tasks changes from the home Member State's competent authority to ESMA.
The single-paragraph before text is replaced by four numbered paragraphs covering the conditions and guidelines for delegation and the specific tasks that may be delegated, a consultation requirement with the relevant competent authority on scope, timetable and information transmission, a reimbursement mechanism for costs under a fees regulation, and a review and revocation mechanism together with a list of responsibilities that shall not be delegated.
The statement that delegation does not affect the responsibility of the delegating authority is retained but reattributed to ESMA, with an added statement that delegation does not limit ESMA's ability to conduct and oversee the delegated activity.
Cited: Art. 30, v1 · Art. 30, v2
text before / after
texts differ too much for an inline diff; shown separately
before (02009R1060-20091207)
Article 30 Delegation of tasks between competent authorities The competent authority of the home Member State may delegate any of its tasks to the competent authority of another Member State subject to the agreement of that authority. Delegation of tasks shall not affect the responsibility of the delegating competent authority.
after (02009R1060-20110601)
Article 30 Delegation of tasks by ESMA to competent authorities 1. Where it is necessary for the proper performance of a supervisory task, ESMA may delegate specific supervisory tasks to the competent authority of a Member State in accordance with the guidelines issued by ESMA pursuant to Article 21(2). Such specific supervisory tasks may, in particular, include the power to request information in accordance with Article 23b and to conduct investigations and on-site inspections in accordance with Article 23d(6). 2. Prior to the delegation of a task, ESMA shall consult the relevant competent authority. Such consultation shall concern: (a) the scope of the task to be delegated; (b) the timetable for the performance of the task to be delegated; and (c) the transmission of necessary information by and to ESMA. 3. In accordance with the regulation on fees to be adopted by the Commission pursuant to Article 19(2), ESMA shall reimburse a competent authority for the costs incurred as a result of carrying out delegated tasks. 4. ESMA shall review the delegation referred to in paragraph 1 at appropriate intervals. A delegation of tasks may be revoked at any time. A delegation of tasks shall not affect the responsibility of ESMA and shall not limit ESMA's ability to conduct and oversee the delegated activity. Supervisory responsibilities under this Regulation, including registration decisions, final assessments and follow-up decisions concerning infringements, shall not be delegated.