ESMA Consultation Paper Review of the RTS on the information to be provided in an application for authorisation and registration under the B

28 November 2022

This consultation paper (CP) explains ESMA’s proposal. Stakeholders are invited to provide feedback on this proposal. The input from stakeholders will help ESMA to finalise its proposed amendments to the RTS.

Executive Summary

Under Delegated Regulation (EU) 2018/16461, an application for authorisation or registration of an administrator located in the Union needs to include information on (i) the applicant and (ii) the benchmarks provided by the applicant. The related regulatory technical standards on authorisation and registration (the ‘RTS’) specifies this information and was published in 2018. The RTS needs to change to reflect the changes made to the RTS on the recognition2 regime introduced in the final report on the review of the RTS on recognition3 to ensure an equal treatment of EU based vs third country-based administrators. ESMA is suggesting requesting additional information or further specifying some of the information already requested in the existing RTS in order to allow National Competent Authorities (NCAs) and ESMA to properly assess whether the applicant has established all the necessary arrangements to meet the requirements of Regulation (EU) 2016/1011 (the ‘Benchmarks Regulation’, ‘BMR’).

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