Source: OJ L, 2024/2494, 25.9.2024

Current language: EN

Article 3 Means of communication


    1. For the purposes of cooperation and exchange of information in accordance with Article 96(1) of Regulation (EU) 2023/1114, competent authoritiesmeans one or more authorities: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; and ESMA and EBA shall communicate in writing either by post or by electronic meansare means of electronic equipment for the processing (including digital compression), storage and transmission of data, employing wires, radio, optical technologies, or any other electromagnetic means that ensure that the completeness, integrity and confidentiality of the information are maintained during the transmission;, unless otherwise provided for in this Regulation.

    1. When determining the most appropriate means of communication in any particular case, competent authoritiesmeans one or more authorities: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;, ESMA and EBA shall take due account of the following:

      1. confidentiality considerations;

      2. the time necessary for correspondence;

      3. the volume of material to be communicated;

      4. the ease of access to the information that is being exchanged.

    1. The means of communication referred to in paragraph 1 shall ensure the completeness, integrity and confidentiality of the information during the transmission thereof.

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