Article 2 Scope

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1. credit institutions means a credit institution as defined in Article 4(1), point (1), of Regulation (EU) No 575/2013 of the European Parliament and of the Council (^32^); Regulation (EU) No 575/2013 of the European Parliament and of the Council of 26 June 2013 on prudential requirements for credit institutions and amending Regulation (EU) No 648/2012 (OJ L 176, 27.6.2013, p. 1).;

2. payment institutions means a payment institution as defined in Article 4, point (4), of Directive (EU) 2015/2366;, including payment institutions means a payment institution as defined in Article 4, point (4), of Directive (EU) 2015/2366; exempted pursuant to Directive (EU) 2015/2366;

3. account information service providers means an account information service provider as referred to in Article 33(1) of Directive (EU) 2015/2366;;

4. electronic money institutions means an electronic money institution as defined in Article 2, point (1), of Directive 2009/110/EC of the European Parliament and of the Council;, including electronic money institutions exempted pursuant to Directive 2009/110/EC means an electronic money institution benefitting from a waiver as referred to in Article 9(1) of Directive 2009/110/EC;;

5. investment firms means an investment firm as defined in Article 4(1), point (1), of Directive 2014/65/EU;;

6. crypto-asset service providers means a crypto-asset service provider as defined in the relevant provision of the Regulation on markets in crypto-assets; as authorised under a Regulation of the European Parliament and of the Council on markets in crypto-assets, and amending Regulations (EU) No 1093/2010 and (EU) No 1095/2010 and Directives 2013/36/EU and (EU) 2019/1937 (‘the Regulation on markets in crypto-assets’) and issuers of asset-referenced tokens means an issuer of asset-referenced tokens as defined in the relevant provision of the Regulation on markets in crypto-assets;;

7. central securities depositories means a central securities depository as defined in Article 2(1), point (1), of Regulation (EU) No 909/2014;;

8. central counterparties means a central counterparty as defined in Article 2, point (1), of Regulation (EU) No 648/2012;;

9. trading venues means a trading venue as defined in Article 4(1), point (24), of Directive 2014/65/EU;;

10. trade repositories means a trade repository as defined in Article 2, point (2), of Regulation (EU) No 648/2012;;

11. managers of alternative investment funds means a manager of alternative investment funds as defined in Article 4(1), point (b), of Directive 2011/61/EU;;

12. management companies means a management company as defined in Article 2(1), point (b), of Directive 2009/65/EC;;

13. data reporting service providers means a data reporting service provider within the meaning of Regulation (EU) No 600/2014, as referred to in Article 2(1), points (34) to (36) thereof;;

14. insurance and reinsurance undertakings means a reinsurance undertaking as defined in Article 13, point (4), of Directive 2009/138/EC;;

15. insurance intermediaries means an insurance intermediary as defined in Article 2(1), point (3), of Directive (EU) 2016/97 of the European Parliament and of the Council (^34^); Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (OJ L 26, 2.2.2016, p. 19)., reinsurance intermediaries means a reinsurance intermediary as defined in Article 2(1), point (5), of Directive (EU) 2016/97; and ancillary insurance intermediaries means an ancillary insurance intermediary as defined in Article 2(1), point (4), of Directive (EU) 2016/97;;

16. institutions for occupational retirement provision means an institution for occupational retirement provision as defined in Article 6, point (1), of Directive (EU) 2016/2341;;

17. credit rating agencies means a credit rating agency as defined in Article 3(1), point (b), of Regulation (EC) No 1060/2009;;

18. administrators of critical benchmarks means an administrator of ‘critical benchmarks’ as defined in Article 3(1), point (25), of Regulation (EU) 2016/1011;;

19. crowdfunding service providers means a crowdfunding service provider as defined in Article 2(1), point (e), of Regulation (EU) 2020/1503 of the European Parliament and of the Council (^35^); Regulation (EU) 2020/1503 of the European Parliament and of the Council of 7 October 2020 on European crowdfunding service providers for business, and amending Regulation (EU) 2017/1129 and Directive (EU) 2019/1937 (OJ L 347, 20.10.2020, p. 1).;

20. securitisation repositories means a securitisation repository as defined in Article 2, point (23), of Regulation (EU) 2017/2402 of the European Parliament and of the Council (^36^); 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 (OJ L 347, 28.12.2017, p. 35).;

21. ICT third-party service providers means an undertaking providing ICT services;.

For the purposes of this Regulation, entities means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; referred to in paragraph 1, points (a) to (t), shall collectively be referred to as ‘financial entitiesas defined in Article 2, points (a) to (t)’.

1. managers of alternative investment funds means a manager of alternative investment funds as defined in Article 4(1), point (b), of Directive 2011/61/EU; as referred to in Article 3(2) of Directive 2011/61/EU;

2. insurance and reinsurance undertakings means a reinsurance undertaking as defined in Article 13, point (4), of Directive 2009/138/EC; as referred to in Article 4 of Directive 2009/138/EC;

3. institutions for occupational retirement provision means an institution for occupational retirement provision as defined in Article 6, point (1), of Directive (EU) 2016/2341; which operate pension schemes which together do not have more than 15 members in total;

4. natural or legal persons exempted pursuant to Articles 2 and 3 of Directive 2014/65/EU;

5. insurance intermediaries means an insurance intermediary as defined in Article 2(1), point (3), of Directive (EU) 2016/97 of the European Parliament and of the Council (^34^); Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance distribution (OJ L 26, 2.2.2016, p. 19)., reinsurance intermediaries means a reinsurance intermediary as defined in Article 2(1), point (5), of Directive (EU) 2016/97; and ancillary insurance intermediaries means an ancillary insurance intermediary as defined in Article 2(1), point (4), of Directive (EU) 2016/97; which are microenterprises means a financial entity, other than a trading venue, a central counterparty, a trade repository or a central securities depository, which employs fewer than 10 persons and has an annual turnover and/or annual balance sheet total that does not exceed EUR 2 million; or small or medium-sized enterprises means a financial entity that is not a small enterprise and employs fewer than 250 persons and has an annual turnover that does not exceed EUR 50 million and/or an annual balance sheet that does not exceed EUR 43 million;;

6. post office giro institutions as referred to in Article 2(5), point (3), of Directive 2013/36/EU.

Member States may exclude from the scope of this Regulation entities means a natural or legal person created and recognised as such under the national law of its place of establishment, which may, acting under its own name, exercise rights and be subject to obligations; referred to in Article 2(5), points (4) to (23), of Directive 2013/36/EU that are located within their respective territories. Where a Member State makes use of such option, it shall inform the Commission thereof as well as of any subsequent changes thereto. The Commission shall make that information publicly available on its website or other easily accessible means.