Version in force , Modified +102 −3§
Amended by Regulation (EU) 2025/914 32025R0914 on EUR-Lex (external, EUR-Lex)
Explanation, written by a model and checked against the cited text
Point (b) of Article 40(1) now ends with a semicolon instead of a full stop, and a new point (c) is added naming administrators endorsing benchmarks provided in a third country in accordance with Article 33 as falling under ESMA's competence.
The before text listed only points (a) and (b) under Article 40(1), without any reference to Article 33.
Cited: Art. 40, v2 (external, EUR-Lex) · Art. 40, v1 (external, EUR-Lex)
v1 is the previous version, v2 this one.
Text from EUR-Lex, before and after
Previous version, in force 17 January 2025 02016R1011-20250117 → this version, in force 1 January 2026 02016R1011-20260101
Article 40
Competent authorities
1. For the purposes of this Regulation, ESMA shall be the competent authority for:
(a) administrators of critical benchmarks as referred to in points (a) and (c) of Article 20(1);
(b) administrators of the benchmarks referred to in Article 32. 32;
(c) administrators endorsing benchmarks provided in a third country in accordance with Article 33.
2. Each Member State shall designate the relevant competent authority responsible for carrying out the duties under this Regulation and shall inform the Commission and ESMA thereof.
3. A Member State that designates more than one competent authority in accordance with paragraph 2 shall clearly determine the respective roles of those competent authorities and shall designate a single authority to be responsible for coordinating the cooperation and the exchange of information with the Commission, ESMA and other Member States’ competent authorities.
4. ESMA shall publish on its website a list of the competent authorities designated in accordance with paragraphs 2 and 3.