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🔗 Back to Summary. 🇫🇷 French Version: 2010R1095_FR.36. Open the PDF. Direct link to EUR-LEX.
Article 35 – Collection of information ⬅️ | ➡️ Article 37 – Securities and Markets Stakeholder Group
Article 36 - Relationship with the ESRB
1.
The Authority shall cooperate closely and on a regular basis with the ESRB.
2.
The Authority shall provide the ESRB with regular and timely information necessary for the achievement of its tasks. Any data necessary for the achievement of its tasks that are not in summary or aggregate form shall be provided, without delay, to the ESRB upon a reasoned request, as specified in 2010. The Authority, in cooperation with the ESRB, shall have in place adequate internal procedures for the transmission of confidential information, in particular information regarding individual financial market participants.
3.
The Authority shall, in accordance with paragraphs 4 and 5, ensure a proper follow-up to ESRB warnings and recommendations referred to in 2010.
4.
On receipt of a warning or recommendation from the ESRB addressed to the Authority, the Authority shall convene a meeting of the Board of Supervisors without delay and assess the implications of such a warning or recommendation for the fulfilment of its tasks. It shall decide, by the relevant decision-making procedure, on any actions to be taken in accordance with the powers conferred upon it by this Regulation for addressing the issues identified in the warnings and recommendations.
If the Authority does not act on a recommendation, it shall explain to the ESRB and the Council its reasons for not doing so.
5.
On receipt of a warning or recommendation from the ESRB addressed to a competent national supervisory authority, the Authority shall, where relevant, use the powers conferred upon it by this Regulation to ensure a timely follow-up. Where the addressee intends not to follow the recommendation of the ESRB, it shall inform and discuss with the Board of Supervisors its reasons for not acting.
The competent authority shall take due account of the views of the Board of Supervisors when informing the Council and the ESRB in accordance with 2010.
6.
In discharging the tasks set out in this Regulation, the Authority shall take the utmost account of the warnings and recommendations of the ESRB.