in force 2020-01-01 MODIFIED+431 −143§
Amended by Regulation (EU) 2019/2175 32019R2175
applies from: unchanged
A new opening paragraph was added stating that the Authority acts in accordance with the following paragraphs when adopting decisions under Articles 17, 18 and 19, shifting the former paragraph 1 content on informing addressees into a renumbered paragraph 2 that now also specifies the addressee's official language and the addressee's right to respond in that language.
The remaining paragraphs on stated reasons, informing addressees of legal remedies, and reviewing decisions under Article 18(3) or (4) were each shifted down by one number, becoming paragraphs 3, 4 and 5 respectively, with the reference to Article 18(3) or (4) rephrased as Article 18(3) or 18(4).
The final paragraph, now numbered 6, rephrases the publication requirement into two sentences and changes the exception wording from conflict with legitimate interests of financial market participants in the protection of their business secrets to conflict with the legitimate interest of those financial market participants, or with the protection of their business secrets.
Cited: Art. 39, v2 · Art. 39, v1
text before / after
02010R1095-20140523 → 02010R1095-20200101
Article 39
Decision-making procedures
1. Before taking the The Authority shall act in accordance with paragraphs 2 to 6 of this Article when adopting decisions provided for in this Regulation, the pursuant to Articles 17, 18 and 19.
2. The Authority shall inform any named addressee of a decision of its intention to adopt the decision, in the official language of the addressee, setting a time limit within which the addressee may express its views on the matter, subject-matter of the decision, taking full account of the urgency, complexity and potential consequences of the matter. This applies The addressee may express its views in its official language. The provision laid down in the first sentence shall apply mutatis mutandis to recommendations as referred to in Article 17(3).
2. 3. The decisions of the Authority shall state the reasons on which they are based.
3. 4. The addressees of decisions of the Authority shall be informed of the legal remedies available under this Regulation.
4. 5. Where the Authority has taken a decision pursuant to Article 18(3) or (4), 18(4), it shall review that decision at appropriate intervals.
5. 6. The decisions which the Authority takes pursuant to Articles Article 17, 18 or 19 shall be made public and public. The publication shall state disclose the identity of the competent authority or financial market participant concerned and the main content of the decision, unless such publication is in conflict with the legitimate interests interest of those financial market participants in participants, or with the protection of their business secrets secrets, or could seriously jeopardise the orderly functioning and integrity of financial markets or the stability of the whole or part of the financial system of the Union.