in force 2025-01-17 MODIFIED+93 −398§
Amended by Regulation (EU) 2022/2554 32022R2554
applies from: unchanged
Paragraph 3 previously set out detailed security mechanism and resource/back-up requirements for ARMs, but now instead states that an ARM shall comply with the network and information system security requirements set out in Regulation (EU) 2022/2554.
Correspondingly, the list of paragraphs referenced in paragraph 5(b) as containing the concrete organisational requirements for regulatory technical standards was changed from paragraphs 2, 3 and 4 to paragraphs 2 and 4, dropping the reference to paragraph 3.
Cited: Art. 27i, v1 · Art. 27i, v2
text before / after
02014R0600-20241204 → 02014R0600-20250117
Article 27i
Organisational requirements for ARMs
1. An ARM shall have adequate policies and arrangements in place to report the information required under Article 26 as quickly as possible, and no later than the close of the working day following the day upon which the transaction took place.
2. The ARM shall operate and maintain effective administrative arrangements designed to prevent conflicts of interest with its clients. In particular, an ARM that is also a market operator or investment firm shall treat all information collected in a non-discriminatory fashion and shall operate and maintain appropriate arrangements to separate different business functions.
3. The An ARM shall have sound security mechanisms in place designed to guarantee comply with the requirements concerning the security of network and authentication of the means of transfer of information, minimise the risk of data corruption and unauthorised access and to prevent information leakage, maintaining the confidentiality of the data at all times. The ARM shall maintain adequate resources and have back-up facilities systems set out in place in order to offer and maintain its services at all times. Regulation (EU) 2022/2554.
4. The ARM shall have systems in place that can effectively check transaction reports for completeness, identify omissions and obvious errors caused by the investment firm, and where such error or omission occurs, to communicate details of the error or omission to the investment firm and request re-transmission of any such erroneous reports.
The ARM shall have systems in place to enable the ARM to detect errors or omissions caused by the ARM itself and to enable the ARM to correct and transmit, or re-transmit as the case may be, correct and complete transaction reports to the competent authority.
4a. An ARM shall have objective, non-discriminatory and publicly disclosed requirements for access to its services by undertakings that are subject to the reporting obligation laid down in Article 26.
An ARM shall publicly disclose the prices and fees associated with the data reporting services provided pursuant to this Regulation. It shall disclose separately the prices and fees of each service provided, including discounts and rebates and the conditions for benefiting from them. It shall allow reporting entities to access specific services separately. The prices and fees charged by an ARM shall be cost-related.
4b. An ARM shall keep records relating to its business at the disposal of the relevant competent authority or ESMA for at least five years.
5. ESMA shall develop draft regulatory technical standards specifying:
(a) the means by which the ARM may comply with the information obligation referred to in paragraph 1; and
(b) the concrete organisational requirements laid down in paragraphs 2, 3 2 and 4.
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.