in force 2011-06-01 MODIFIED+314 −75§
Amended by Regulation (EU) No 513/2011 32011R0513
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: 2000-12-18
The authority permitted to conclude cooperation agreements with third-country counterparts changes from the competent authorities to ESMA, and the counterpart bodies are now described as supervisory authorities rather than competent authorities.
The purpose clause is widened to cover the performance of the tasks of ESMA as well as those of the third-country supervisory authorities, rather than only the tasks of the competent authorities.
The rule on transfer of personal data to a third country now names ESMA as the actor applying the relevant instrument and points to Regulation (EC) No 45/2001 instead of Directive 95/46/EC, with Member States no longer mentioned in this sentence.
Cited: Art. 34, v1 · Art. 34, v2
text before / after
02009R1060-20091207 → 02009R1060-20110601
Article 34
Agreement on exchange of information
The competent authorities ESMA may conclude cooperation agreements on exchange of information with the competent supervisory authorities of third countries only if the information disclosed is subject to guarantees of professional secrecy which are at least equivalent to those set out in Article 32.
Such exchange of information shall be intended for the performance of the tasks of ESMA or those competent supervisory authorities.
With regard to transfer of personal data to a third country, Member States ESMA shall apply Directive 95/46/EC. Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and on the free movement of such data
OJ L 8, 12.1.2001, p. 1..