Version in force , Modified +95 −54§
Amended by Regulation (EU) 2019/2176 32019R2176 on EUR-Lex (external, EUR-Lex)
Explanation, written by a model and checked against the cited text
Paragraph 4 now names the European Parliament, alongside the Council and the ESAs, as one of the parties that must take measures where appropriate when a warning or recommendation is not made public.
The wording describing the obligation is also changed from taking measures for the protection of the confidential nature of the warning or recommendation to taking measures to protect the confidentiality of that warning or recommendation.
Cited: Art. 18, v1 (external, EUR-Lex) · Art. 18, v2 (external, EUR-Lex)
v1 is the previous version, v2 this one.
Text from EUR-Lex, before and after
Previous version 32010R1092 → this version, in force 30 December 2019 02010R1092-20191230
Article 18
Public warnings and recommendations
1. The General Board shall decide on a case-by-case basis, after having informed the Council sufficiently in advance so that it is able to react, whether a warning or a recommendation should be made public. Notwithstanding Article 10(3), a quorum of two-thirds shall always apply to decisions taken by the General Board under this paragraph.
2. If the General Board decides to make a warning or recommendation public, it shall inform the addressees in advance.
3. The addressees of warnings and recommendations made public by the ESRB shall also be provided with the right of making public their views and reasoning in response thereto.
4. Where the General Board decides not to make a warning or a recommendation public, the addressees and, addressees, and where appropriate, the European Parliament, the Council and the ESAs shall take all the measures necessary for to protect the protection confidentiality of their confidential nature. that warning or recommendation.