in force 2024-03-28 MODIFIED+429 −424§
Amended by Regulation (EU) 2024/791 32024R0791
applies from: unchanged
The heading and the body of the article now refer specifically to APAs and ARMs rather than to a generic 'data reporting services provider', with corresponding wording changes throughout paragraphs 1 through 3.
Paragraph 3 now describes the decision as 'reasoned' rather than 'fully reasoned', and specifies that the five-working-day notification period runs from adoption of the decision.
Paragraphs 4(b) and 5 now describe the technical standards as covering information to be included in notifications under Article 27f(2) 'as regards APAs and ARMs', wording not present before.
Cited: Art. 27d, v2 · Art. 27d, v1
text before / after
02014R0600-20240109 → 02014R0600-20240328
Article 27d
Procedures for granting and refusing applications for authorisation
of ARMs and APAs
1. The applicant data reporting services provider APA or ARM shall submit an application providing all information necessary to enable ESMA, or or, where relevant, the national competent authority where relevant, authority, to confirm that the data reporting services provider APA or ARM has established, put in place, at the time of initial authorisation, all the necessary arrangements to meet its obligations under the provisions of pursuant to this Title, including a programme of operations setting out, inter alia, the types of services envisaged and the organisational structure.
2. ESMA, or or, where relevant, the national competent authority where relevant, authority, shall assess whether the application for authorisation is complete within 20 working days of receipt of the application.
Where the application is not complete, ESMA, or or, where relevant, the national competent authority where relevant, authority, shall set a deadline by which the data reporting services provider APA or ARM is to provide additional information.
After assessing an the application as complete, ESMA, or or, where relevant, the national competent authority where relevant, authority, shall notify the data reporting services provider APA or ARM accordingly.
3. ESMA, or or, where relevant, the national competent authority where relevant, authority, shall, within six months from the of receipt of a complete application, assess the compliance of the data reporting services provider APA or ARM with this Title. It shall adopt a fully reasoned decision granting or refusing authorisation and shall notify the applicant data service provider APA or ARM accordingly within five working days. days of adoption.
4. ESMA shall develop draft regulatory technical standards to determine:
(a) the information to be provided under paragraph 1, including the programme of operations;
(b) the information to be included in the notifications under referred to in Article 27f(2). 27f(2) as regards APAs and ARMs.
Power is delegated to the Commission to supplement this Regulation by adopting the regulatory technical standards referred to in the first subparagraph in accordance with Articles 10 to 14 of Regulation (EU) No 1095/2010.
5. ESMA shall develop draft implementing technical standards to determine standard forms, templates and procedures for the notification or provision of information to be provided for in pursuant to paragraph 1 of this Article and the information to be included in the notifications referred to in Article 27f(2). 27f(2) as regards APAs and ARMs.
Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) No 1095/2010.