Commission Implementing Regulation (EU) 2023/1119 of 12 January 2023 laying down implementing technical standards for the application of Directive (EU) 2019/2034 of the European Parliament and of the Council with regard to standard forms, templates and procedures for the information sharing between the competent authorities of home and host Member States (Text with EEA relevance)

1 The information referred to in Article 2 of Delegated Regulation (EU) 2023/1117 shall be made available and updated at least on an annual basis. The updated information shall be provided by the competent authorities of the home Member State to the competent authorities of the host Member State no later than 30 April of each year or, without undue delay, following a material change.

2 The information regarding any situation of non-compliance with requirements, as specified in Articles 3 to 6 and Article 8 of Delegated Regulation (EU) 2023/1117 and the application of supervisory measures or other administrative sanctions or administrative measures referred to in Article 9 of Delegated Regulation (EU) 2023/1117 shall be provided without undue delay and no later than 14 calendar days after the determination by the competent authorities of the non-compliance situation, or the application of the supervisory or other administrative measure, or the application of an administrative sanction.

3 The information referred to in Articles 3 to 7 of Delegated Regulation (EU) 2023/1117 shall be made available and updated at least on an annual basis. The updated information shall be provided by the competent authorities of the home Member State to the competent authorities of the host Member State no later than 30 April of each year, based on the accounting close as of 31 December or, without undue delay, following a material change.

4 By way of derogation from paragraph 3, in a calendar year, where the competent authorities of the home Member State complete the supervisory review and evaluation for investment firms performed in accordance with Article 36 of Directive (EU) 2019/2034, information specified in paragraph 3 shall be provided no later than 1 month following the completion of the report.

1 The competent authorities of the home Member State shall maintain and share with the competent authorities of the host Member State an up-to-date contact list regarding each investment firm containing the relevant contact persons and contact information, including emergency contacts, for the exchange of information between the competent authorities of the home and host Member States.

2 The competent authorities of host Member States shall inform the competent authorities of the home Member State of their contact persons and contact information and of any changes without undue delay. The competent authorities of the home Member State and host Member States shall review and update the contact list at least annually.

3 The competent authorities of the home Member State and the competent authorities of the host Member States shall exchange information in written or electronic form and shall address the information to the relevant contact persons identified in the contact list referred to in paragraph 1 unless specified otherwise by a competent authority requesting information.

4 Where information is exchanged in electronic form, secure channels of communication shall be used unless, and without prejudice of the application of Article 15 of Directive (EU) 2019/2034 and of rules on processing of personal data, the competent authorities providing and receiving information agree, where appropriate, to use unsecured channels of communication.

5 Depending on the urgency of a specific situation, where competent authorities have identified findings about any potential problems and risks posed by an investment firm to the protection of clients or the stability of the financial system in the host Member State or cases of non-compliance, the following information may be first provided orally before being confirmed in written or electronic form: (a) information regarding non-compliance with requirements referred to in Article 8 of Delegated Regulation (EU) 2023/1117; (b) information regarding the application of supervisory or other administrative measures; (c) information regarding the imposition of administrative sanctions.

6 Upon receiving information, competent authorities shall confirm receipt of it. Where information has been provided in electronic form using a secure channel of communication, the confirmation of receipt shall be provided using the same channel. Confirmation of receipt shall not be required for information which has been provided orally or using a secure channel of communication which enables the sender to receive confirmation that the receiver has received the information.

7 Where a college of supervisors has been established in accordance with Article 48(1) of Directive (EU) 2019/2034 and the competent authorities of the home Member State and competent authorities of the host Member States take part in the college as members or other participants in accordance with Commission Delegated Regulation (EU) 2023/1118 , paragraphs 1 to 6 of this Article shall not apply. In such cases, the information shall be exchanged in accordance with Article 48(6) of Directive (EU) 2019/2034.

1 Information referred to in Articles 2 to 4 and Article 7 of Delegated Regulation (EU) 2023/1117 shall be exchanged using the template and form set out in the Annex.

2 Information and findings about any potential problems and risks posed by the branch or its activities in the host Member State having significant impact on the protection of clients or the stability of the financial system in the host Member State shall be provided by the competent authorities of the host Member State in the form deemed appropriate by those authorities.

3 Information referred to in Article 8 of Delegated Regulation (EU) 2023/1117 and information regarding the application of supervisory or other administrative measures or administrative sanctions as referred to in Article 1(2) of this Regulation shall be provided in the form deemed appropriate by the competent authority that provides the information.

1 The competent authorities of a host Member State, in which an investment firm carries out its activities under the freedom to provide services, which request the competent authorities of the home Member State to provide the information regarding those services as laid down in Delegated Regulation (EU) 2023/1117 shall: (a) provide the request for information in written or electronic form to the relevant contact person identified in the contact list referred to in Article 2(1); (b) indicate a reasonable time by which the response is expected to be available.

2 The competent authorities of the home Member State receiving a request referred to in paragraph 1 shall provide the information without undue delay and shall make every effort to respond by the time indicated in the request. If those competent authorities are unable to reply by the time indicated in the request, they shall inform the requesting competent authorities without undue delay of the time by which they will provide the information.

1 Any other ad hoc request for information that is not specified under Delegated Regulation (EU) 2023/1117 shall be transmitted in written or electronic form to the relevant contact persons identified in the contact list referred to in Article 2(1) of this Regulation.

2 Competent authorities making a request referred to in paragraph 1 shall explain how the information is likely to facilitate the supervision or monitoring of an investment firm or the protection of the stability of the financial system.

3 The competent authorities requesting the information shall indicate a reasonable time by which the response is expected to be available, taking into account the nature and urgency of the request and the information requested.

4 Competent authorities receiving a request referred to in paragraph 1 shall provide the information without undue delay and shall make every effort to respond by the time indicated in the request. If those competent authorities are unable to reply by the time indicated in the request, they shall inform the requesting competent authorities without undue delay of the time by which they will provide the information.

5 If the requested information is not available, the competent authorities receiving a request referred to in paragraph 1 shall inform the competent authorities making the request accordingly.

This Regulation shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.