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Text as of 11 Feb 2021 · Consolidated version of 1 January 2020 · The wording differs from today’s text.Today’s text

Article 25f — Request for information

Financial servicesLevel 1RegulationEMIRIn forceVerifiedOfficial source

25f(1)

1.ESMA may by simple request or by decision require recognised CCPs and related third parties to whom those CCPs have outsourced operational functions or activities to provide all necessary information to enable ESMA to carry out its duties under this Regulation.

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25f(2)

2.When sending a simple request for information under paragraph 1, ESMA shall indicate all of the following:

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25f(2)(a)
(a)the reference to this Article as the legal basis of the request;
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25f(2)(b)
(b)the purpose of the request;
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25f(2)(c)
(c)the information required;
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25f(2)(d)
(d)the time limit to provide the information;
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25f(2)(e)
(e)inform the person from whom the information is requested that there is no obligation to provide the information but that in the case of a voluntary reply to the request the information provided must not be incorrect or misleading;
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25f(2)(f)
(f)the fine provided for in Article 25j in conjunction with point (a) of Section V of Annex III, where the answers to questions asked are incorrect or misleading.
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25f(3)

3.When requiring that information is provided under paragraph 1 by decision, ESMA shall indicate all of the following:

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25f(3)(a)
(a)the reference to this Article as the legal basis of the request;
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25f(3)(b)
(b)the purpose of the request;
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25f(3)(c)
(c)the information required;
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25f(3)(d)
(d)the time limit to provide the information;
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25f(3)(e)
(e)the periodic penalty payments provided for in Article 25k where the production of the required information is incomplete;
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25f(3)(f)
(f)the fine provided for in Article 25j in conjunction with point (a) of Section V of Annex III, for failing to provide the required information or where the answers to questions asked are incorrect or misleading; and
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25f(3)(g)
(g)the right to appeal the decision before ESMA's Board of Appeal and to have the decision reviewed by the Court of Justice of the European Union (‘Court of Justice’) in accordance with Articles 60 and 61 of Regulation (EU) No 1095/2010.
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25f(4)

4.The persons referred to in paragraph 1 or their representatives and, in the case of legal persons or associations having no legal personality, the persons authorised to represent them by law or by their constitution shall supply the information requested. Lawyers duly authorised to act may supply the information on behalf of their clients. The latter shall remain fully responsible if the information supplied is incomplete, incorrect or misleading.

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25f(5)

5.ESMA shall, without delay, send a copy of the simple request or of its decision to the relevant third-country competent authority where the persons referred to in paragraph 1 concerned by the request for information are domiciled or established.

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