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Commission Implementing Regulation (EU) 2017/394Show full title
Commission Implementing Regulation (EU) 2017/394 of 11 November 2016 laying down implementing technical standards with regard to standard forms, templates and procedures for authorisation, review and evaluation of central securities depositories, for the cooperation between authorities of the home Member State and the host Member State, for the consultation of authorities involved in the authorisation to provide banking-type ancillary services, for access involving central securities depositories, and with regard to the format of the records to be maintained by central securities depositories in accordance with Regulation (EU) No 909/2014 of the European Parliament and of the Council (Text with EEA relevance)
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ANNEX VI
Forms and templates for the consultation of authorities prior to granting authorisation to provide banking-type ancillary services (Article 55(8) of Regulation (EU) No 909/2014)
SECTION 1 Template for transmitting the relevant information and requesting of issuance of a reasoned opinion
[Name of the competent authority responsible for assessing the application for authorisation]
Contact details of the competent authority responsible for assessing the application for authorisation
Name of person(s) responsible for further contacts:
Function:
Telephone number:
Email address:
(1)On [date of submission of the application for authorisation], [Name of the applicant CSD] submitted its application for authorisation to [designate a credit institution to provide/provide](1) banking-type ancillary services to [Name of the competent authority responsible for assessing the application for authorisation] in accordance with Article 55(1) of Regulation (EU) No 909/2014.
(2)[Name of the competent authority responsible for assessing the application for authorisation] has examined the completeness of the application and considers it to be complete.
(3)[Name of the competent authority responsible for assessing the application for authorisation] hereby transmits all the information included in the application, attached as an Annex [Competent Authority should ensure this information is sent as an Annex to this letter], to all authorities referred to in Article 55(5) of Regulation (EU) No 909/2014, and requests a reasoned opinion from the authorities referred to in points (a) to (e) of Article 55(4) of Regulation (EU) No 909/2014 within 30 days from the date of receipt of this letter. It is required from each authority to acknowledge receipt of this application and related information attached on the day of receipt. Where an authority does not provide an opinion within 30 days, it shall be deemed to have a positive opinion.
Done at …on [insert date] …
On behalf of [Name of competent authority responsible for assessing the application for authorisation],
[signature]
The list of Addressees, including authorities entitled to issue a reasoned opinion:
1.
[Competent Authority to list the Authorities referred to in Article 55(4) of Regulation (EU) No 909/2014]
SECTION 2 Reasoned opinion template
[Name of the authority issuing the reasoned opinion]
Contact details of the authority issuing a reasoned opinion
Name of person(s) responsible for further contacts:
Function:
Telephone number:
Email address:
(1)On [date of submission of the application for authorisation], [Name of the applicant CSD] submitted its application for authorisation to [designate a credit institution/provide](2) banking-type ancillary services to [Name of the competent authority responsible for assessing the application for authorisation] in accordance with Article 55(1) of Regulation (EU) No 909/2014.
(2)[Name of the Competent Authority] has examined the completeness of the application, transmitted the information included in the application to [provide list of authorities, including the EBA and ESMA, and required a reasoned opinion from [the authority concerned] in accordance with Article 55(5) of Regulation (EU) No 909/2014. The request was received on [date …].
(3)Having regard to Article 55(5) of Regulation (EU) No 909/2014, [Name of the authority concerned issuing the reasoned opinion] is hereby issuing this reasoned opinion on the application.
Reasoned opinion: [choose one option: Positive or Negative]
[Full and detailed justification in case of a negative reasoned opinion …]
Done at …on [insert date] …
On behalf of [Name of the authority issuing the opinion],
[signature]
SECTION 3 Template for the reasoned decision addressing a negative reasoned opinion
[Name of the home competent authority responsible for assessing the application for authorisation]
Contact details of the competent authority responsible for assessing the application for authorisation
Name of person(s) responsible for further contacts:
Function:
Telephone number:
Email address:
(1)On [date of submission of application for authorisation], [Name of the applicant CSD] submitted its application for authorisation to [designate a credit institution/provide](2) banking-type ancillary services to [Name of the competent authority responsible for assessing the application for authorisation] in accordance with Article 55(1) of Regulation (EU) No 909/2014.
(2)[Name of the competent authority responsible for assessing the application for authorisation] has examined the completeness of the application, transmitted the information included in the application to [all authorities mentioned in Article 55(4) of Regulation (EU) No 909/2014], and required a reasoned opinion from [all entitled authorities identified by the competent authority in accordance with points (a) to (e) of Article 55(4) of Regulation (EU) No 909/2014.
(3)Having regard to the negative reasoned opinion(s) issued in accordance with Article 55(5) of Regulation (EU) No 909/2014 on the application by:
[Name of authority concerned having issued an opinion] on [date of the reasoned opinion];
[Name of authority concerned having issued an opinion] on [date of the reasoned opinion];
…
(4)[Name of the competent authority responsible for assessing the application for authorisation] has closely examined the reasoned opinion(s) and is hereby issuing this reasoned decision in accordance with Article 55(5) of Regulation (EU) No 909/2014.
Reasoned decision addressing the negative opinion(s):
[Choose one option] Proceed/Not Proceed to grant authorisation
[Reasons and justification for determining the reasoned decision…]
Done at …on [insert date] …
On behalf of [Name of the competent authority responsible for assessing the application for authorisation]
[signature]
[attachment: a copy of the decision]
SECTION 4 Template for the request for ESMA assistance
[Name of the authority referring the matter to ESMA]
Contact details of the authority referring the matter to ESMA
Name of person(s) responsible for further contacts:
Function:
Telephone number:
Email address:
(1)On [date of submission of the application for authorisation], [Name of the applicant CSD] submitted its application for authorisation to [designate a credit institution/provide](3) banking-type ancillary services to [Name of the competent authority responsible for assessing the application for authorisation] in accordance with Article 55(1) of Regulation (EU) No 909/2014,
(2)[Name of the competent authority responsible for assessing the application for authorisation] has examined the completeness of the application, transmitted the information included in the application [all authorities listed in Article 55(4) of Regulation (EU) No 909/2014], and required a reasoned opinion from [authorities listed in points (a) to (e) of Article 55(4) of Regulation (EU) No 909/2014] in accordance with Article 55(4) of Regulation (EU) No 909/2014.
(3)Having regard to the negative reasoned opinion(s) issued in accordance with Article 55(5) of Regulation (EU) No 909/2014 on the application by:
[Name of authority concerned that had issued a negative reasoned opinion] on [date of the reasoned opinion],
[Name of Authority concerned that had issued a negative reasoned opinion] on [date of the reasoned opinion],
…
(4)Having regard to the reasoned decision to proceed to grant authorisation by [Name of the competent authority responsible for assessing the application for authorisation] on [date of issuing a reasoned decision concerning the opinion] addressing the aforementioned negative reasoned opinion(s) in accordance with Article 55(5) of Regulation (EU) No 909/2014,
(5)Having regard to the absence of agreement over the assessment of the application for authorisation by the competent authority and the authorities referred to in points (a) to (e) of Article 55(4) of Regulation (EU) No 909/2014, despite further attempts to reach such an agreement,
(6)In accordance with Article 55(5) of Regulation (EU) No 909/2014, [name of the authority issuing the request for ESMA assistance] hereby refers the matter to ESMA for assistance, provides ESMA with a copy of the aforementioned application, reasoned opinion(s), and decision, and requests ESMA to proceed in accordance with Article 31 of Regulation (EU) No 1095/2010 within 30 days of receipt by ESMA of this referral.
Reasons for request:
[Reasons for the referral to ESMA]
Done at …on [insert date] …
On behalf of [Name of authority referring the matter to ESMA]
[signature]
Done at …on [insert date] …
On behalf of [Name of authority referring the matter to ESMA]
[signature]
(1)
The appropriate reference should be used, depending on the case and the specific entity should be identified.
(2)
See footnote 1.
(3)
See footnote 1.
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