in force 2022-01-01 MODIFIED+166 −264§
Amended by Regulation (EU) 2019/2175 32019R2175
applies from: unchanged
Paragraph 1 now specifies that the competent authorities referred to are those designated in accordance with Article 40(2) and (3), a detail not present in the earlier text, and it drops the earlier reference to fulfilling an obligation to cooperate with each other and ESMA for the purposes of the Regulation.
Paragraph 2 changes the description of competent authorities' duty toward other competent authorities and ESMA from providing assistance to assisting them, and it likewise now identifies these competent authorities as those designated under Article 40(2) and (3), rather than referring generally to competent authorities of other Member States.
Cited: Art. 44, v1 · Art. 44, v2
text before / after
02016R1011-20210213 → 02016R1011-20220101
Article 44
Obligation to cooperate
1. Where Member States that have chosen, in accordance with Article 42, chosen to lay down criminal sanctions for infringements of the provisions referred to in that Article, they Article 42 shall ensure that appropriate measures are in place so that the competent authorities designated in accordance with Article 40(2) and (3) have all the necessary powers to liaise with judicial authorities within their jurisdiction to receive specific information relating to criminal investigations or proceedings commenced for possible infringements of this Regulation. Those competent authorities shall provide that information to other competent authorities and ESMA, in order to fulfil their obligation to cooperate with each other and ESMA for the purposes of this Regulation. ESMA.
2. Competent authorities designated in accordance with Article 40(2) and (3) shall provide assistance to assist other competent authorities of other Member States. and ESMA. In particular, they shall exchange information and cooperate in any investigation or supervisory activities. Competent authorities may also cooperate with other competent authorities of other Member States with respect to facilitating facilitate the recovery of pecuniary sanctions.