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Commission Implementing Regulation (EU) 2021/955 of 27 May 2021 laying down implementing technical standards for the application of Regulation (EU) 2019/1156 of the European Parliament and of the Council with regard to the forms, templates, procedures and technical arrangements for the publications and notifications of marketing rules, fees and charges, and specifying the information to be communicated for the creation and maintenance of the central database on cross-border marketing of AIFs and UCITS, as well as the forms, templates and procedures for the communication of such information (Text with EEA relevance)

CELEX
32021R0955
Document type
REG_IMPL
Sector
Legislation
Date of document
2021-05-27
In force since
2021-07-05
Status
In force

Text

Article-level text, parsed from the formex manifestation.

Article 1 Publication of national provisions concerning marketing requirements

1 Competent authorities shall publish on their website the information referred to in Article 5(1) of Regulation (EU) 2019/1156, using the template set out in Annex I to this Regulation.

2 The information referred to in the first subparagraph shall be published by competent authorities, either in full on a single dedicated webpage of their websites, or on separate webpages, setting out respectively the information referred to in this paragraph for alternative investment funds (AIFs) and for undertakings for collective investment in transferable securities (UCITS).

3 Competent authorities shall publish summaries of the information referred to in paragraph 1 in a clear, concise and easily comprehensible manner, using the templates set out in Annex II to this Regulation. Those summaries shall be published on the same webpage as the information referred to in paragraph 1, either at the top or at the bottom of that webpage.

Article 2 Publication of information concerning fees or charges levied by competent authorities for carrying out their duties in relation to the cross-border activities of AIFMs, EuVECA managers, EuSEF managers and UCITS management companies

Competent authorities shall publish the information referred to in Article 10(1) of Regulation (EU) 2019/1156 separately for each fee or charge using the template set out in Annex III to this Regulation.

Article 3 Notifications to the European Securities and Markets Authority

1 Competent authorities shall notify to the European Securities and Markets Authority (ESMA) the hyperlinks to their websites where the information referred to in Article 1 is published, and any change to those hyperlinks and to the information published on the webpages concerned, using the templates set out in Annex IV.

2 Competent authorities shall notify to ESMA the hyperlinks to their websites where the information referred to in Article 2 is published, and any change to those hyperlinks and to the information published on the webpages concerned, using the templates set out in Annex V.

3 Competent authorities shall notify to ESMA any change to the hyperlinks and to the information referred to in paragraphs 1 and 2 within 10 working days following the implementation of the change on the competent authority’s website.

Article 4 Single contact point

1 For the purposes of the notifications referred to in Article 3, each competent authority shall designate a single contact point for sending the information and for the communication of any issue relating to the submission of such information.

2 Competent authorities shall notify ESMA of the single contact point referred to in paragraph 1.

3 ESMA shall designate a single contact point for receiving the information referred to in Articles 1 and 2 and for the communication of any issue relating to the reception of the information referred to in this Article.

4 ESMA shall notify competent authorities of the single contact point referred to in paragraph 3.

Article 5 Information to be communicated to ESMA for the purpose of the creation and maintenance of the central database on cross-border marketing of AIFs and UCITS

1 For the purposes of the creation and maintenance of the central database referred to in Article 12 of Regulation (EU) 2019/1156, competent authorities of home Member States shall send to ESMA the information specified in Table 1 of Annex VI to this Regulation and any update thereof on a quarterly basis.

2 Competent authorities of home Member States shall send to ESMA the information referred to in paragraph 1 no later than five working days after the end of every quarter ending on 31 March, 30 June, 30 September and 31 December.

Article 6 Technical arrangements for the functioning of the notification portal established by ESMA

1 Competent authorities shall transmit, in a common XML format, the information referred to in Article 5(1) using the field format laid down in Table 2 of Annex VI.

2 Competent authorities shall transmit the documents referred to in Article 13(1) of Regulation (EU) 2019/1156 electronically through the notification portal established by ESMA in accordance with Article 13(2) of that Regulation.

3 ESMA shall ensure the completeness, integrity and confidentiality of the information referred to in paragraphs 1 and 2 during its transmission through the notification portal.

4 ESMA shall ensure that the notification portal referred to in paragraph 2 automatically processes and checks all transmitted information and accompanying data and sends feedback to the transmitting competent authority concerning the successfulness of the transmission and of any errors that occurred during that transmission.

Article 7 Entry into force and application

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union. Article 1 and Article 3(1) shall apply from 2 August 2021 and Article 5 shall apply from 2 February 2022.

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