Art. 6 Procedures for sending, processing and replying to a request for cooperation and exchange of information | ITS on supervisory cooperation | MiCA

This article sets out the operational conduct expected from both the submitting and receiving bodies once a request for cooperation or exchange of information has been made under Article 4.

It covers the entire lifecycle of handling a request, from acting on it without delay, managing language barriers in supporting documents, handling clarifications, using the correct response form, and keeping the other party informed of progress or delays.

It also addresses what happens when a request is urgent or requires closer cooperation between the two bodies.

Important points:

The receiving body is required to use the form in Annex III when replying, take all reasonable steps to provide the requested cooperation or information, and act without delay.
The receiving body must notify the submitting body without undue delay if a delay of more than 10 working days beyond the estimated reply date is anticipated.
Where supporting documents are not in an official language of the receiving body's Member State, the submitting body must provide a translation or a summary in a language customary in the sphere of international finance.

1. The submitting body and the receiving body shall ensure that a request for cooperation or exchange of information is dealt with as soon as possible. They shall cooperate to resolve any difficulties that may arise in executing a request.
1. Where the submitting body attaches to the request for cooperation and exchange of information any document or supporting material in accordance with Article 4(2), point (a), and where such document or supporting material is not in an official language of the Member State of the receiving body, the submitting body shall also provide a translation of such document or supporting material, or a summary of such document or supporting material in a language customary in the sphere of international finance.
1. If the receiving body requests any clarification about a notification or request submitted in accordance with Article 4, it shall request further clarification promptly by any means.
1. The submitting body shall respond promptly to any request for clarification from the receiving body.
1. When replying to a request made in accordance with Article 4, the receiving body shall:
  1. use the form set out in Annex III;
  2. take all reasonable steps to provide the requested cooperation or information
  3. act without delay and in a manner which ensures that any necessary regulatory action can proceed expediently taking into account the complexity of the request concerned and whether it is necessary to involve third parties.
1. Where appropriate, the receiving body shall provide the submitting body with regular updates on the progress of a pending request, including updates on the revised estimated date of reply.
1. Where the receiving body becomes aware of circumstances that may lead to a delay in meeting the estimated date or a timeframe of reply, referred to in Article 5(1), by more than 10 working days, it shall inform the submitting body without undue delay.
1. Where the request justifies closer cooperation between the submitting and the receiving body or where the request has been marked as urgent, the bodies shall agree on the frequency and means of the closer cooperation.