Source: OJ L, 2024/2494, 25.9.2024Current language: EN
Annex III
Form for the reply to a request for cooperation or exchange of information
Reply to a request for cooperation or exchange of information
Reference number:
Date:
FROM:
Member State:
Receiving body:
Address:
(Contact details of the contact point designated in accordance with Article 2 of Implementing Regulation (EU) 2024/2494)
Name:
Telephone:
Email:
TO:
Member State:
Submitting Body:
Address:
(Contact details of the contact point designated in accordance with Article 2 of Implementing Regulation (EU) 2024/2494)
Name:
Telephone:
Email:
Dear [insert appropriate name]
Following your request [insert reference to request], we hereby acknowledge receipt of your request for cooperation or request for information on [insert date].
Information gathered
…
…
…
[If the information has been gathered, please set out the information here or provide an explanation of how it will be provided]
The information provided is confidential and is disclosed to [Insert name of the submitting body] pursuant to [Insert provision of the applicable sectoral legislation] and on the basis that the information shall remain confidential in accordance with Article 10 of Implementing Regulation (EU) 2024/2494 and Article 100 of Regulation (EU) 2023/1114.
The [Insert name of the submitting body] shall observe the requirements of Article 10 of Implementing Regulation (EU) 2024/2494 with respect to the permissible uses of that information.
Where the [Insert name of the submitting body] intends to use or disclose information provided in this reply for purposes other than those stated in the request but relating to the its tasks in accordance with Regulation (EU) 2023/1114, [Insert name of the submitting body] shall notify [Insert name of the receiving body] which has 10 working days to object to such use or disclosure, or where necessary to indicate a precise time limit by which it will be able to provide such feedback.
Where the [Insert name of the submitting body] intends to use or disclose information provided in this reply for purposes outside the scope of Regulation (EU) 2023/1114, it shall notify [Insert name of the receiving body] and unless the exception referred to in Article 100(2) of Regulation (EU) 2023/1114 applies, shall obtain the prior consent of [Insert name of the receiving body]. Where [Insert name of the receiving body] consents to such use or disclosure of the information, it may subject it to certain conditions.
Any personal data provided shall be processed by ESMA and EBA in accordance with Regulation (EU) 2018/1725 of the European Parliament and of the Council and by the relevant competent authorities in accordance with Regulation (EU) 2016/679 of the European Parliament and of the Council. In particular, ESMA, EBA and the relevant competent authorities shall ensure that all relevant information on the processing of personal data is provided to data subjects in accordance with Section 2 ‘Information and access to personal data’ of Chapter III ‘Rights of the data subject’ of these Regulations.
Yours sincerely,
[signature]
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
placing of crypto-assets
Definition
official currency
Definition
distributed ledger
Definition
reception and transmission of orders for crypto-assets on behalf of clients
Definition
exchange of crypto-assets for funds
Definition
consensus mechanism
Definition
operation of a trading platform for crypto-assets
Definition
e-money token
Definition
personal data
Definition
crypto-asset service
- providing custody and administration of crypto-assets on behalf of clients;
- operation of a trading platform for crypto-assets;
- exchange of crypto-assets for funds;
- exchange of crypto-assets for other crypto-assets;
- execution of orders for crypto-assets on behalf of clients;
- placing of crypto-assets;
- reception and transmission of orders for crypto-assets on behalf of clients;
- providing advice on crypto-assets;
- providing portfolio management on crypto-assets;
- providing transfer services for crypto-assets on behalf of clients;
Definition
offer to the public
Definition
providing advice on crypto-assets
Definition
offeror
Definition
execution of orders for crypto-assets on behalf of clients
Definition
crypto-asset service provider
Definition
crypto-asset
Definition
DLT network node
Definition
funds
Definition
client
Definition
asset-referenced token
Definition
issuer
Definition
exchange of crypto-assets for other crypto-assets
Definition
electronic money token
Definition
providing custody and administration of crypto-assets on behalf of clients
Definition
providing transfer services for crypto-assets on behalf of clients
Definition
distributed ledger technology
Definition
competent authority
- designated by each Member State in accordance with Article 93 concerning offerors, persons seeking admission to trading of crypto-assets other than asset-referenced tokens and e-money tokens, issuers of asset-referenced tokens, or crypto-asset service providers;
- designated by each Member State for the application of Directive 2009/110/EC concerning issuers of e-money tokens;