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Provision history · ESMA Regulation

Art. 16a · Opinions

European Securities and Markets Authority Regulation · 32010R1095 · every version of this act · on EUR-Lex (external, EUR-Lex)

2 changes recorded across 2 versions, newest first.

Twin in EBA Regulation: Art. 16a, textually similar (0.903), paired on this act's text of 10 November 2025 and the EBA Regulation text of 31 December 2025. See where the two texts differ.

Twin in EIOPA Regulation: Art. 16a, textually similar (0.972), paired on both acts' texts of 10 November 2025. See where the two texts differ.

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Version in force , Modified +639 −0

Amended by Regulation (EU) 2025/2088 32025R2088 on EUR-Lex (external, EUR-Lex)

Applies from: no date changed

Explanation, written by a model and checked against the cited text

Paragraph 1 now adds text stating that the Authority may, where appropriate, address the functioning of legislative acts in force in its opinions, including the appropriateness of removing redundant or obsolete reporting and disclosure requirements in Union law or national transposing measures.

A further added passage states that the Authority may consult relevant stakeholders on such opinions concerning legislative acts in force and take their input into account, and that the Commission may, after considering those opinions, submit a legislative proposal to the European Parliament and the Council.

Paragraphs 2 and 3, listed as differing, are unchanged in wording between the two versions shown.

Cited: Art. 16a, v2 (external, EUR-Lex) · Art. 16a, v1 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, before and after

Previous version, in force 1 July 2025 02010R1095-20250701 → this version, in force 10 November 2025 02010R1095-20251110

Article 16a Opinions 1. The Authority may, upon a request from the European Parliament, from the Council or from the Commission, or on its own initiative, provide opinions to the European Parliament, the Council and the Commission on all issues related to its area of competence. In its opinions, the Authority may, where appropriate, address the functioning of legislative acts in force, including the appropriateness of removing any redundant or obsolete reporting and disclosure requirements in Union law or in measures of national law transposing Union law. To provide opinions on legislative acts in force, as referred to in the second subparagraph, the Authority may consult all relevant stakeholders specifically on that matter and take their input into account. The Commission may, after considering those opinions, where appropriate, submit to the European Parliament and to the Council a legislative proposal. 2. The request referred to in paragraph 1 may include a public consultation or a technical analysis. 3. With regard to the prudential assessment of mergers and acquisitions falling within the scope of Directive 2014/65/EU and which according to that Directive require consultation between competent authorities from two or more Member States, the Authority may, at the request of one of the competent authorities concerned, issue and publish an opinion on a prudential assessment, except in relation to the criteria set out in in point (e) of Article 13(1) of Directive 2014/65/EU. The opinion shall be issued promptly and, in any event, before the end of the assessment period in accordance with Directive 2014/65/EU. 4. The Authority may, upon a request from the European Parliament, from the Council or from the Commission provide technical advice to the European Parliament, to the Council and to the Commission in the areas set out in the legislative acts referred to in Article 1(2).

Version in force , Inserted

Amended by Regulation (EU) 2019/2175 32019R2175 on EUR-Lex (external, EUR-Lex)

Applies from: not readable (an inserted provision states its own application date only in prose) why

Explanation, written by a model and checked against the cited text

A new Article 16a is added, setting out that the Authority may provide opinions to the European Parliament, the Council and the Commission on matters within its area of competence, either on request or on its own initiative, and that such requests may include a public consultation or technical analysis.

It also adds provisions allowing the Authority to issue and publish an opinion on the prudential assessment of certain mergers and acquisitions under Directive 2014/65/EU at the request of a competent authority, with an exception for the criteria in point (e) of Article 13(1) of that Directive, and to provide technical advice to the European Parliament, the Council and the Commission upon their request in areas covered by the acts referred to in Article 1(2).

Cited: Art. 16a, v2 (external, EUR-Lex)

v1 is the previous version, v2 this one.

Text from EUR-Lex, on this version's page