Annex I
Credit Rating Agencies Regulation · 32009R1060 · every event for this act · on EUR-Lex
INDEPENDENCE AND AVOIDANCE OF CONFLICTS OF INTEREST
5 changes recorded across 5 events, newest first.
in force 2025-01-17 MODIFIED+409 −31§
Amended by Regulation (EU) 2022/2554 32022R2554
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2022-12-14
In Section A point 4, the reference to control and safeguard arrangements for information processing systems was replaced with a reference to arrangements for managing ICT systems in accordance with Regulation (EU) 2022/2554, with a footnote citing that Regulation.
The rest of the point, concerning internal control mechanisms and decision-making procedures, remains worded as before.
Cited: Annex I, v2 · Annex I, v1
text before / after
02009R1060-20240109 → 02009R1060-20250117
ANNEX I
INDEPENDENCE AND AVOIDANCE OF CONFLICTS OF INTEREST
Section A
Organisational requirements
1. The credit rating agency shall have an administrative or supervisory board. Its senior management shall ensure that:
(a) credit rating activities are independent, including from all political and economic influences or … 411 unchanged words … establish adequate policies and procedures to ensure compliance with its obligations under this Regulation.
4. A credit rating agency shall have sound administrative and accounting procedures, internal control mechanisms, effective procedures for risk assessment, and effective control and safeguard arrangements for information processing systems. managing ICT systems in accordance with Regulation (EU) 2022/2554 of the European Parliament and of the Council
Regulation (EU) 2022/2554 of the European Parliament and of the Council of 14 December 2022 on digital operational resilience for the financial sector and amending Regulations (EC) No 1060/2009, (EU) No 648/2012, (EU) No 600/2014, (EU) No 909/2014 and (EU) 2016/1011 (OJ L 333, 27.12.2022, p. 1)..
Those internal control mechanisms shall be designed to secure compliance with decisions and procedures at all levels of the credit rating agency.
A credit rating agency shall implement and maintain decision-making procedures and organisational structures which clearly and in a documented … 4,994 unchanged words … of that Directive shall be provided by the credit rating agency irrespective of whether it is subject to Directive 2004/25/EC of the European Parliament and of the Council of 21 April 2004 on takeover bids
OJ L 142, 30.4.2004, p. 12..
in force 2019-01-01 MODIFIED§
Amended by Regulation (EU) 2017/2402 32017R2402 · Regulation (EU) No 462/2013 32013R0462
applies from: unchanged
In Section A point 2, the reference to credit ratings and markets in structured finance instruments was replaced with a reference to securitisation instruments.
In Section B point 5, the reference to the design of structured finance instruments was replaced with a reference to securitisation instruments.
In Section D, Part II's heading and points 1 and 2 now refer to securitisation instruments and rating a securitisation instrument, rather than structured finance instruments and rating a structured finance instrument, while points 3 and 4 of that Part still refer to structured finance instruments and structured finance products.
Cited: Annex I, v1 · Annex I, v2
text before / after, on the event page →
in force 2013-06-20 MODIFIED§
Amended by Regulation (EU) No 462/2013 32013R0462
applies from: unchanged
Sources disagree about what is listed, not about the text — the text comparison found this change; the EU's own amendment metadata does not list it and the amending act's instructions do not mention it. All are shown; none is overruled.
Section B and Section C now extend most of the independence and record-keeping obligations that previously applied only to credit ratings so that they also cover rating outlooks, and add new conflict-of-interest triggers based on shareholders or members holding 5% or 10% or more of a credit rating agency's capital or voting rights, or otherwise able to exercise significant influence over it, including new obligations on fee non-discrimination and on indirect shareholders and controlling companies.
Section D adds a new Part III on sovereign ratings covering research reports, publication timing, and treatment of policy recommendations, alongside expanded disclosure duties tied to rating outlooks, historical default rate references, and a shortened notice period to the rated entity before publication, while Section E adds new periodic disclosure items on client fee lists, pricing policy, staff allocation by asset class, and expanded revenue and turnover reporting.
The prior single provision in Section D governing analyst rotation periods for lead analysts, other analysts and approving persons has been reorganised into separate points distinguishing agencies appointed by an issuer from other agencies and sovereign-rating agencies, and the analyst rotation and confidentiality provisions in Section C are likewise reworded to include rating outlooks.
Cited: Annex I, v2 · Annex I, v1
text before / after, on the event page →
in force 2011-06-01 MODIFIED§
Amended by Regulation (EU) No 513/2011 32011R0513
applies from: unchanged
Sources disagree about what is listed, not about the text — the text comparison and the EU's own amendment metadata found this change; the amending act's instructions do not mention it. All are shown; none is overruled.
In Section A point 2, opinions of the independent board members that were previously to be made available to the competent authority on request are now to be made available to ESMA on request.
In Section B point 8, records and audit trails that were previously to be made available upon request to the competent authorities of the Member States concerned are now to be made available upon request to ESMA.
In Section E, point II.2 now adds a new item (c) requiring an annual list of credit ratings issued during the year indicating the proportion of unsolicited credit ratings among them, alongside the previously existing items on the largest clients and clients with disproportionate revenue growth.
Cited: Annex I, v1 · Annex I, v2
text before / after, on the event page →
detected 2026-08-13 MODIFIED§
no amending act named
applies from: unchanged
In Section C, point 3(c), the description of the natural persons with whom confidential information must not be shared now includes the qualifier that such persons are not directly involved in the credit rating activities, whereas the earlier version described them as being directly involved in those activities.
Cited: Annex I, v1 · Annex I, v2
text before / after, on the event page →