emendrix

Art. 4

European Securities and Markets Authority Regulation · 32010R1095 · every event for this act · on EUR-Lex

Definitions

2 changes recorded across 2 events, newest first.

in force 2022-08-12 MODIFIED+569 −10

Amended by Regulation (EU) 2021/23 32021R0023

applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)

dates added to the text: 2020-12-16, 2021-01-22

The definition of competent authorities in point (3) now includes a new subpoint (iv) covering resolution authorities as defined under Regulation (EU) 2021/23 on central counterparty recovery and resolution, referencing point (3) of Article 2 of that Regulation.

Point (3)(iii) on investor compensation schemes ends with a semicolon in the amended text rather than a full stop, reflecting the addition of the new subpoint that follows it.

Cited: Art. 4, v2 · Art. 4, v1

text before / after

02010R1095-2020010102010R1095-20220812

Article 4 Definitions For the purposes of this Regulation the following definitions apply: (1) financial market participant means any person in relation to whom a requirement in the legislation referred to in Article 1(2) or a national law implementing such legislation applies; (2) key financial market participant means a financial market participant whose regular activity or financial viability has or is likely to have a significant effect on the stability, integrity or efficiency of the financial markets in the Union; (3) competent authorities means: (i) competent authorities and/or supervisory authorities as defined in the legislation referred to in Article 1(2); (ii) with regard to Directive 2002/65/EC, the authorities and bodies competent for ensuring compliance with the requirements of that Directive by firms providing investment services and by collective investment undertakings marketing their units or shares; (iii) with regard to investor compensation schemes, bodies which administer national compensation schemes pursuant to Directive 97/9/EC, or in the case where the operation of the investor compensation scheme is administered by a private company, the public authority supervising those schemes pursuant to that Directive. Directive; (iv) with regard to Regulation (EU) 2021/23 of the European Parliament and of the CouncilRegulation (EU) 2021/23 of the European Parliament and of the Council of 16 December 2020 on a framework for the recovery and resolution of central counterparties and amending Regulations (EU) No 1095/2010, (EU) No 648/2012, (EU) No 600/2014, (EU) No 806/2014 and (EU) 2015/2365 and Directives 2002/47/EC, 2004/25/EC, 2007/36/EC, 2014/59/EU and (EU) 2017/1132 (OJ L 022, 22.1.2021, p. 1)., a resolution authority as defined in point (3) of Article 2 of that Regulation.

in force 2020-01-01 MODIFIED

Amended by Regulation (EU) 2019/2175 32019R2175

applies from: unchanged

Point (3)(ii) no longer refers to Directive 2005/60/EC, leaving only Directive 2002/65/EC named there.

The phrase describing who is competent under that Directive changed from "the authorities competent" to "the authorities and bodies competent" for ensuring compliance by firms providing investment services and collective investment undertakings marketing their units or shares.

Cited: Art. 4, v2 · Art. 4, v1

text before / after, on the event page →