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Regulation (EC) No 1060/2009 of the European Parliament and of the CouncilShow full title
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
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- Revised 01/01/20190.61 MB
- Revised 21/06/20150.58 MB
- Revised 23/05/20140.57 MB
- Revised 20/06/20130.58 MB
- Revised 21/07/20110.96 MB
- Revised 01/06/20110.95 MB
- Revised 07/12/20090.19 MB
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Changes over time for: Article 23c
Changes to legislation:
There are outstanding changes not yet made to Regulation (EC) No 1060/2009 of the European Parliament and of the Council. Any changes that have already been made to the legislation appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 23c:
- Regulation power to amend conferred by 2021 c. 22 s. 6
- Regulation power to modify conferred by 2023 c. 29 s. 3 Sch. 1 Pt. 1
- Regulation revoked by 2023 c. 29 Sch. 1 Pt. 1
- Art. 23a-23e omitted by S.I. 2019/266 reg. 83
- Art. 36-36e omitted by S.I. 2019/266 reg. 94
Changes and effects yet to be applied to the whole legislation item and associated provisions
- Ch. 2 heading words substituted by S.I. 2019/266 reg. 78
- Ch. 3 heading substituted by S.I. 2019/266 reg. 86
- Annex 1 s. C para. 1 words substituted by S.I. 2019/266 reg. 97(b)
- Annex 1 s. D Pt. 3 para. 3 words substituted by S.I. 2019/266 reg. 97(c)
- Annex 1 s. E Pt. 3 para. 1 words substituted by S.I. 2019/266 reg. 97(d)
- Annex 1 s. E Pt. 3 para. 8 words substituted by S.I. 2019/266 reg. 97(e)(i)
- Annex 1 s. E Pt. 3 para. 8 words substituted by S.I. 2019/266 reg. 97(e)(ii)
- Annex 3 Pt. 2 point 7 omitted by S.I. 2019/266 reg. 99(c)(ii)
- Annex 3 Pt. 2 point 8 omitted by S.I. 2019/266 reg. 99(c)(ii)
- Annex 3 Pt. 1 point 10 words substituted by S.I. 2019/266 reg. 99(b)(i)
- Annex 3 Pt. 1 point 50 words substituted by S.I. 2019/266 reg. 99(b)(ii)
- Annex 3 Pt. 1 point 52 words substituted by S.I. 2019/266 reg. 99(b)(iii)
- Annex 3 Pt. 1 point 55 words substituted by S.I. 2019/266 reg. 99(b)(iv)
- Annex 3 Pt. 2 point 2 words substituted by S.I. 2019/266 reg. 99(c)(i)
- Annex 3 Pt. 2 point 3a words substituted by S.I. 2019/266 reg. 99(c)(i)
- Annex 3 Pt. 2 point 3c words substituted by S.I. 2019/266 reg. 99(c)(i)
- Annex 3 Pt. 2 point 5 words substituted by S.I. 2019/266 reg. 99(c)(i)
- Annex 3 Pt. 2 point 6 words substituted by S.I. 2019/266 reg. 99(c)(i)
- Annex 3 Pt. 3 point 4a words substituted by S.I. 2019/266 reg. 99(d)
- Art. 2(2)(c) words substituted by S.I. 2019/266 reg. 53(b)(i)
- Art. 2(2)(d) words substituted by S.I. 2019/266 reg. 53(b)(ii)
- Art. 2(2)(d)(iv) words substituted by S.I. 2019/266 reg. 53(b)(iii)
- Art. 3(2)(a)(b) substituted by S.I. 2019/266 reg. 54(b)
- art. 4(1A)(1B) inserted by S.I. 2019/266 reg. 55(c)
- art. 4(1A)(1B) words substituted in earlier amending provision S.I. 2019/266, reg. 55(c) by S.I. 2020/1301 reg. 3 Sch. para. 16
- Art. 4(3)(b) words substituted by S.I. 2019/266 reg. 55(d)(i)
- Art. 4(3)(c)(d) word substituted by S.I. 2019/266 reg. 55(d)(ii)
- Art. 4(3)(g) words substituted by S.I. 2019/266 reg. 55(d)(iii)
- Art. 4(3)(h) omitted by S.I. 2019/266 reg. 55(d)(iv)
- Art. 5(1)(b) substituted by S.I. 2019/266, reg. 56(a)(ii) (as substituted) by S.I. 2020/1055 reg. 11(4)(a)
- Art. 5(1)(b) words substituted by S.I. 2019/266 reg. 56(a)(ii) (This amendment not applied to legislation.gov.uk. Reg. 56(a) substituted (30.9.2020) by S.I. 2020/1055, regs. 1(2), 11(4)(a))
- Art. 5(1)(c) omitted by S.I. 2019/266 reg. 56(a)(iii) (This amendment not applied to legislation.gov.uk. Reg. 56(a) substituted (30.9.2020) by S.I. 2020/1055, regs. 1(2), 11(4)(a))
- Art. 5(1)(c) words inserted by S.I. 2019/266, reg. 56(a)(iii)(aa) (as substituted) by S.I. 2020/1055 reg. 11(4)(a)
- Art. 5(1)(c) words substituted by S.I. 2019/266, reg. 56(a)(iii)(bb) (as substituted) by S.I. 2020/1055 reg. 11(4)(a)
- Art. 5(1)(d) words substituted by S.I. 2019/266 reg. 56(a)(iv) (This amendment not applied to legislation.gov.uk. Reg. 56(a) substituted (30.9.2020) by S.I. 2020/1055, regs. 1(2), 11(4)(a))
- Art. 5(1)(d) words substituted by S.I. 2019/266, reg. 56(a)(iv) (as substituted) by S.I. 2020/1055 reg. 11(4)(a)
- Art. 5(4)(b) words substituted by S.I. 2019/266 reg. 56(d)(i)
- Art. 5(6)(c) words substituted by S.I. 2019/266 reg. 56(e)(iii) (This amendment not applied to legislation.gov.uk. Reg. 56(e)(i)(ii) substituted for reg. 56(e)(i)-(iii) immediately before IP completion day by S.I. 2020/628, regs. 1(3), 9(2))
- Art. 8(6)(aa) words substituted by S.I. 2019/266 reg. 62(a)
- Art. 8(7)(a) words substituted by S.I. 2019/266 reg. 62(b)
- Art. 18A inserted by S.I. 2019/266 reg. 75
- Art. 21(4)(e) words substituted by S.I. 2019/266 reg. 79(e)(ii)
- Art. 21(4a)(a)(b) words substituted by S.I. 2019/266 reg. 79(f)(ii)
- Art. 35a(3)(b) words substituted by S.I. 2019/266 reg. 92(b)
- Art. 38(2)(a) word omitted in earlier amending provision S.I. 2019/266, reg. 96(1) by S.I. 2020/1055 reg. 14(a)
- Art. 38(2)(b) words substituted in earlier amending provision S.I. 2019/266, reg. 96(1) by S.I. 2020/1055 reg. 14(b)
- Art. 38(2)(c) inserted in earlier amending provision S.I. 2019/266, reg. 96(1) by S.I. 2020/1055 reg. 14(c)
[F1Article 23c U.K. General investigations
1. In order to carry out its duties under this Regulation, ESMA may conduct all necessary investigations of persons referred to in Article 23b(1). To that end, the officials of and other persons authorised by ESMA shall be empowered to:
(a) examine any records, data, procedures and any other material relevant to the execution of its tasks irrespective of the medium on which they are stored;
(b) take or obtain certified copies of or extracts from such records, data, procedures and other material;
(c) summon and ask any person referred to in Article 23b(1) or their representatives or staff for oral or written explanations on facts or documents related to the subject matter and purpose of the inspection and to record the answers;
(d) interview any other natural or legal person who consents to be interviewed for the purpose of collecting information relating to the subject matter of an investigation;
(e) request records of telephone and data traffic.
2. The officials of and other persons authorised by ESMA for the purposes of the investigations referred to in paragraph 1 shall exercise their powers upon production of a written authorisation specifying the subject matter and purpose of the investigation. That authorisation shall also indicate the periodic penalty payments provided for in Article 36b where the production of the required records, data, procedures or any other material, or the answers to questions asked of the persons referred to in Article 23b(1) are not provided or are incomplete, and the fines provided for in Article 36a, in conjunction with point 8 of Section II of Annex III, where the answers to questions asked of the persons referred to in Article 23b(1) are incorrect or misleading.
3. The persons referred to in Article 23b(1) shall submit to investigations launched on the basis of a decision of ESMA. The decision shall specify the subject matter and purpose of the investigation, the periodic penalty payments provided for in Article 36b, the legal remedies available under Regulation (EU) No 1095/2010 and the right to have the decision reviewed by the Court of Justice of the European Union.
4. In good time before the investigation, ESMA shall inform the competent authority of the Member State where the investigation is to be carried out of the investigation and of the identity of the authorised persons. Officials of the competent authority concerned shall, upon the request of ESMA, assist those authorised persons in carrying out their duties. Officials of the competent authority concerned may also attend the investigations upon request.
5. If a request for records of telephone or data traffic referred to in point (e) of paragraph 1 requires authorisation from a judicial authority according to national rules, such authorisation shall be applied for. Such authorisation may also be applied for as a precautionary measure.
6. Where authorisation as referred to in paragraph 5 is applied for, the national judicial authority shall control that the decision of ESMA is authentic and that the coercive measures envisaged are neither arbitrary nor excessive having regard to the subject matter of the investigations. In its control of the proportionality of the coercive measures, the national judicial authority may ask ESMA for detailed explanations, in particular relating to the grounds ESMA has for suspecting that an infringement of this Regulation has taken place and the seriousness of the suspected infringement and the nature of the involvement of the person subject to the coercive measures. However, the national judicial authority shall not review the necessity for the investigation or demand that it be provided with the information on ESMA's file. The lawfulness of ESMA's decision shall be subject to review only by the Court of Justice of the European Union following the procedure set out in Regulation (EU) No 1095/2010.]
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