in force 2020-01-01 MODIFIED+106 −1,240§
Amended by Regulation (EU) 2019/2175 32019R2175
applies from: unchanged
The heading changed from 'Preparatory actions' to 'Relationship with the Committee of European Securities Regulators', and the provision was shortened to remove the former paragraphs 1 through 3 covering CESR's preparatory cooperation with the Commission, the Commission's interim administrative role pending appointment of an Executive Director, and the clause preserving the powers of the Board of Supervisors and Management Board.
What remains, corresponding to the former paragraph 4, retains the statements that the Authority is the legal successor of CESR, that CESR's assets, liabilities and pending operations transfer automatically to the Authority, and that CESR must produce a closing statement audited and approved by CESR and the Commission, with CESR now spelled out as the Committee of European Securities Regulators on first use.
Cited: Art. 76, v1 · Art. 76, v2
text before / after
texts differ too much for an inline diff; shown separately
before (02010R1095-20140523)
Article 76 Preparatory actions 1. Following the entry into force of this Regulation, and before the establishment of the Authority, CESR shall act in close cooperation with the Commission to prepare for the replacement of CESR by the Authority. 2. Once the Authority has been established, the Commission shall be responsible for the administrative establishment and initial administrative operation of the Authority until the Authority has appointed an Executive Director. For that purpose, until such time as the Executive Director takes up his duties following his appointment by the Board of Supervisors in accordance with Article 51, the Commission may assign one official on an interim basis in order to fulfil the functions of the Executive Director. That period shall be limited to the time necessary for the appointment of an Executive Director of the Authority. The interim Executive Director may authorise all payments covered by credits provided in the budget of the Authority, once approved by the Management Board and may conclude contracts, including staff contracts following the adoption of the Authority’s establishment plan. 3. Paragraphs 1 and 2 are without prejudice to the powers of the Board of Supervisors and the Management Board. 4. The Authority shall be considered the legal successor of CESR. By the date of establishment of the Authority, all assets and liabilities and all pending operations of CESR shall be automatically transferred to the Authority. The CESR shall establish a statement showing its closing asset and liability situation as of the date of that transfer. That statement shall be audited and approved by CESR and by the Commission.
after (02010R1095-20200101)
Article 76 Relationship with the Committee of European Securities Regulators The Authority shall be considered the legal successor of the Committee of European Securities Regulators (CESR). By the date of establishment of the Authority, all assets and liabilities and all pending operations of CESR shall be automatically transferred to the Authority. CESR shall establish a statement showing its closing asset and liability situation as of the date of that transfer. That statement shall be audited and approved by CESR and by the Commission.