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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
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- Revised 01/06/20110.95 MB
- Revised 07/12/20090.19 MB
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Changes and effects yet to be applied to Article 39:
- 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. 36-36e omitted by S.I. 2019/266 reg. 94
- Art. 38-41 omitted by S.I. 2019/266 reg. 96 (This amendment not applied to legislation.gov.uk. Reg. 96 substituted immediately before IP completion day by S.I. 2020/628, regs. 1(3), 9(4))
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)
Article 39U.K.Reports
F11.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F22.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F13.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F34. The Commission shall, after obtaining technical advice from ESMA, review the situation in the credit rating market for [F4securitisation instruments] , in particular the credit rating market for re-securitisations. Following that review, the Commission shall, by 1 July 2016 , submit a report to the European Parliament and to the Council, accompanied by a legislative proposal if appropriate, assessing, in particular:
(a) the availability of sufficient choice in order to comply with the requirements set out in Articles 6b and 8c;
(b) whether it is appropriate to shorten or extend the maximum duration of the contractual relationship referred to in Article 6b(1) and the minimum period before the credit rating agency may re-enter into a contract with an issuer or a related third party for the issuing of credit ratings on re-securitisations referred to in Article 6b(3);
(c) whether it is appropriate to amend the exemption referred to in the second subparagraph of Article 6b(2).
5. The Commission shall, after obtaining technical advice from ESMA, review the situation in the credit rating market. Following that review, the Commission shall, by 1 January 2016 , submit a report to the European Parliament and to the Council, accompanied by a legislative proposal if appropriate, assessing, in particular:
(a) whether there is a need to extend the scope of the obligations referred to in Article 8b to include any other financial credit products;
(b) whether the requirements referred to in Articles 6, 6a and 7 have sufficiently mitigated conflicts of interest;
(c) whether the scope of the rotation mechanism referred to in Article 6b should be extended to other asset classes and whether it is appropriate to use differentiated lengths of periods across asset classes;
(d) the appropriateness of existing and alternative remuneration models;
(e) whether there is a need to implement other measures to foster competition in the credit rating market;
(f) the appropriateness of additional initiatives to promote competition in the credit rating market against the background of the evolution of the structure of the sector;
(g) whether there is a need to propose measures to address contractual over-reliance on credit ratings;
(h) the market concentration levels, the risks arising from high concentration, and the impact on the overall stability of the financial sector.
6. The Commission shall, at least annually, inform the European Parliament and the Council of any new equivalence decisions referred to in Article 5(6) that have been adopted during the reporting period.]
Textual Amendments
F1 Deleted by Regulation (EU) No 462/2013 of the European Parliament and of the Council of 21 May 2013 amending Regulation (EC) No 1060/2009 on credit rating agencies (Text with EEA relevance).
F2 Deleted by Regulation (EU) No 513/2011 of the European Parliament and of the Council of 11 May 2011 amending Regulation (EC) No 1060/2009 on credit rating agencies (Text with EEA relevance).
F3 Inserted by Regulation (EU) No 462/2013 of the European Parliament and of the Council of 21 May 2013 amending Regulation (EC) No 1060/2009 on credit rating agencies (Text with EEA relevance).
F4 Substituted by Regulation (EU) 2017/2402 of the European Parliament and of the Council of 12 December 2017 laying down a general framework for securitisation and creating a specific framework for simple, transparent and standardised securitisation, and amending Directives 2009/65/EC, 2009/138/EC and 2011/61/EU and Regulations (EC) No 1060/2009 and (EU) No 648/2012.
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