Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending certain Directives as regards the establishment and functioning of the European single access point
Date: 2021-11-25
Institutions: Directorate-General for Financial Stability, Financial Services and Capital Markets Union, European Commission
Subjects: European Securities and Markets Authority, access to information, capital market, data collection, digital single market, disclosure of information, financial legislation, financial services, information system, open data

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   EUROPEAN COMMISSION  Brussels, 25.11.2021  COM(2021) 724 final 2021/0379 (COD)  Proposal for a DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL amending certain Directives as regards the establishment and functioning of the European single access point (Text with EEA relevance) {SEC(2021) 572 final} - {SWD(2021) 344 final} - {SWD(2021) 345 final}  
 
EXPLANATORY MEMORANDUM 

1. 

• 

CONTEXT OF THE PROPOSAL 

Reasons for and objectives of the proposal 

The establishment of a European Single Access Point (ESAP) by 2024 is a flagship action of 
the  Capital  Markets  Union  (CMU)  Action  Plan  adopted  by  the  European  Commission  in 
September  20201.  ESAP  will  contribute  to  the  achievement  of  the  CMU’s  objectives  by 
providing  EU-wide  access  to  information  published  by  entities  that  is  relevant  to  capital 
markets,  financial  services  and  sustainable  finance,  i.e.  mainly  information  about  their 
economic activities and products. ESAP will provide access to this information in an efficient 
and non-discriminatory manner. 

Information  about  entities’  activities  and  products  is  essential  for  decision-making  by 
providers  of  capital.  ESAP  will  contribute  to  further  integrating  the  financial  services  and 
capital markets in the single market, to allocating capital more efficiently across the EU and 
promoting the development of smaller national capital markets and economies by giving them 
greater visibility. ESAP will also allow non-listed entities including Small and Medium-Sized 
enterprises  (SMEs)  to  make  available  information  on  a  voluntary  basis.  This  will  facilitate 
their access to capital. 

This proposal is part of a package comprised of: 

 

 

 

a proposal for a Regulation establishing a European Single Access Point; 

a proposal for a Directive amending certain Directives (this proposal); and 

a proposal for a Regulation amending certain Regulations.  

Amendments to certain Directives are necessary to achieve the above objectives to contribute 
to the integration of the single market, particularly as regards the collection of information to 
be made available to ESAP. 

• 

Consistency with existing policy provisions in the policy area 

This  proposal  builds  on  the  requirements  of  existing  legislation  in  the  field  of  financial 
services, capital markets and sustainable finance. For capital markets to function efficiently, it 
is  essential  to  have  a  regular  flow  of  relevant,  reliable,  complete,  timely and  comparable 
company information towards market participants and other stakeholders. 

This proposal does not create any new reporting obligation in terms of content, but builds on 
existing disclosure requirements foreseen in the EU legal acts amended by this proposal. 

• 

Consistency with other Union policies 

This proposal contributes to the implementation of the European strategy for data set-out in a 
Commission  Communication  of  February  20202  by  enabling  the  availability  of  relevant 
information  in  a  financial  common  European  data  space.  ESAP  is  part  of  the  European 
financial data spaces presented in the strategy.  

1 

2 

Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic and Social Committee and the Committee of the Regions, A capital markets union for people 
and businesses-new action plan, 24.9.2020, COM/2020/590 final. 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions,  A  European  strategy  for  data, 
19.02.2020, COM/2020/66 final. 

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In  its  Strategy  for  Financing  the  Transition  to  a  Sustainable  Economy3,  the  Commission 
placed sustainable finance at the heart of the financial system and as a precondition to create 
an enabling framework for private investments in sustainable projects and activities.  

In  addition,  this  proposal contributes  to  the  achievement  of  the  objectives  of  the  European 
Green  Deal4  and  the  Strategy  for  Financing  the  Transition  to  a  Sustainable  Economy  by 
addressing  the  availability  and  usability  of  information  about  the  sustainability  of  European 
entities’ activities. 

2. 

• 

LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY 

Legal basis 

The  proposal’s  legal  basis  rests  on  Articles  50,  53,  62  and  114  of  the  Treaty  on  the 
Functioning  of  the  European  Union  (TFEU).  Article  50  of  the  TFEU  is  the  legal  basis  for 
adopting  EU  measures  aimed  at  attaining  the  right  of  establishment  in  the  single  market  in 
company law. Article 50 of the TFEU mandates the European Parliament and the Council to 
act by means of directives. In addition, Article 114 of the TFEU is a general legal act with the 
objective of  establishing  or ensuring the functioning of the single market  – in  this  case, the 
free movement of capital.  

• 

Subsidiarity (for non-exclusive competence)  

The  objectives  of  this  initiative  cannot  be  sufficiently  achieved  by  the  Member  States 
individually.  The  Member  States  have  currently  certain  leeway  for  the  design  of  rules  on 
mechanisms and formats of corporate reporting obligations set out by the EU legislation. The 
resulting  geographical  and  thematic  fragmentation  of  disclosure  mechanisms  and  formats  is 
pervasive  in  the  Union  and  increases  access  and  processing  costs  for  users  of  corporate 
information.  Further 
this 
fragmentation  unless  they  move  in  the  same  direction  to  build  a  single  access  point  and 
address a number of barriers, which is unlikely without a coordinated approach. 

individual  actions  by  Member  States  would  not  reduce 

Therefore, the Union may adopt measures, in accordance with the principle of subsidiarity as 
set out in Article 5 of the Treaty on European Union. 

• 

Proportionality 

In  accordance  with  the  principle  of  subsidiarity  as  set  out  in  Article  5  of  the  Treaty  on 
European Union, this initiative does not go beyond what is necessary in order to achieve the 
objectives  of  this  initiative.  This  proposal  will  not  add  or  modify  reporting  obligations  in 
terms of content. In order to minimise the burden on entities and national authorities, ESAP 
builds as much as possible on the existing data reporting channels and infrastructure. 

• 

Choice of the instrument 

An  Omnibus  Directive  is  considered  to  be  the  most  appropriate  legal  instrument  to  amend 
existing  directives  to  establish  ESAP  since  most  of  the  provisions  therein  are  specifying 
which public information should be submitted to ESAP via a collection body.  

3 

4 

Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions,  Strategy  for  Financing  the 
Transition to a Sustainable Economy, 06.07.2021, COM(2021) 390 final. 
Communication from the Commission to the European Parliament, the European Council, the Council, 
the European Economic and Social Committee and the Committee of the Regions, The European green 
deal, 11.12.2019, COM/2019/640 final. 

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3. 

• 

RESULTS 
CONSULTATIONS AND IMPACT ASSESSMENTS 

EX-POST 

EVALUATIONS, 

OF 

STAKEHOLDER 

Ex-post evaluations/fitness checks of existing legislation 

The impact assessment accompanying this proposal draws on - inter alia - the fitness check of 
the  EU  framework  for  public  reporting  by  entities  published  by  the  Commission  in  April 
20215. A key  finding of this  fitness  check is  the  need to  tap the potential of digital  tools to 
improve access to, use and re-use of regulated information disclosed by entities. In particular, 
the  fitness  check  highlighted  the  lack  of  an  EU-wide  single  point  of  access  to  regulated 
information and limited machine readability of information disclosed by entities. 

• 

Stakeholder consultations 

The  consultation  process  and  its  main  conclusions  on  which  this  proposal  is  based  are 
summarised  in  Annex  2  of  the  Impact  Assessment  accompanying  the  proposal  for  a 
Regulation  establishing  ESAP6.  Consultation  activities 
targeted  online 
consultation,  workshops  with  various  categories  of  relevant  stakeholders,  and  input  from 
relevant  expert  groups  established  by  the  Commission,  in  particular  the  High-Level  Forum 
(HLF) on the CMU7. 

included  a 

In  general,  all  consulted  stakeholder  groups  welcomed  the  Commission’s  initiative  on  the 
ESAP  and  expressed  their  support  for  a  phased-in  implementation  to  prioritise  and  make 
available  the  information  on  ESAP  in  different  phases.  Stakeholders  also  emphasised  the 
importance  of  using  a  ‘file  once’  principle.  Preparers  of  the  information  to  be  reported 
publicly  and  SMEs  also  underlined  the  need  to  avoid  creating  additional  administrative 
burdens, including no new reporting obligations introduced for entities. 

The  majority  of  the  stakeholders  supported  a  broad  scope  of  information  to  be  included  in 
ESAP  covering  both  financial  and  sustainability-related  information.  The  vast  majority  of 
stakeholders  believed  that  the  standardisation  of  information  under  a  common  reporting 
framework  with  common  schemes  and  metadata  would  be  useful  to  address  the  challenges 
regarding comparability, reliability, and reusability of information. They also mentioned that 
the absence of such common standards is one of the main barriers users and society face when 
they process financial and environment social and governance (ESG)-related information. 

Most  stakeholders  have  similar  views  on  the  infrastructure  dimension  and  on  how  ESAP 
should  collect  information,  and  suggest  that  ESAP  should  build  on  the  existing  national  or 
European  reporting  channels.  In  addition,  stakeholders  called  for  information  to  be  made 
available through ESAP at the same time that it is published in any other mean or channel. 

• 

Collection and use of expertise 

The impact assessment accompanying this proposal also draws on data available from desktop 
research and in particular from the following studies and expertise: 

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7 

SWD/2021/81 final, 21 April 2021. 
SWD(2021)XXX of [date]. 
The  HLF  recommended  that  ESAP  should  provide  access  “to  entities’  public  financial  and  non-
financial  information,  as  well  as  other  financial  product  or  activity-relevant  public  information  […], 
which shall be freely accessible to the public and free of fees or license use.” See Final Report of the 
High  Level  Forum  on  the  Capital  Markets  Union:  A  New  Vision  for  Europe’s  Capital  markets,  June 
2020. 

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 

 

 

Study  on  the  “Regulatory  framework  analysis  for  potential  integration  into  the 
European Electronic Access Point (EEAP)”8; 

“Impact Assessment study on the list of High Value Datasets to be made available by 
the Member States under the Open Data Directive”9; 

Expertise  provided  by  Business  Reporting  -  Advisory  Group  (BR-AG),  a  company 
contracted specifically to assist the Commission for this initiative. 

The  material  gathered  and  used  to  feed  the impact  assessment  was  generally  factual  or 
otherwise  coming  from  reputable  and  well-recognised  sources  that  act  as  benchmarks  and 
reference  points  for  the  topic.  Input  received  from  stakeholders  during  the  consultation 
activities was generally treated as opinions, unless of factual nature. 

• 

Impact assessment 

The  Impact  Assessment  accompanying  this  proposal  was  examined  by  the  Regulatory 
Scrutiny  Board  on  22  July  2021.  The  Board  gave  a  positive  opinion  providing  a  few 
comments,  which  were  addressed  by  the  Commission  in  the  final  version  of  the  Impact 
Assessment (details are provided in Annex 1 thereof). 

The Impact Assessment analyses several policy options to achieve the specific objectives of 
enabling  seamless  and  integrated  access  to  the  relevant  entities'  public  information  and  to 
increase the digital use (and re-use) of such information. The possible policy options that are 
relevant  for  this  proposal  relate  to  the  following  dimensions:  (1)  scope  of  the  information 
accessible via ESAP; (2) format of the information accessible via ESAP; (3) collection of the 
information accessible via ESAP and interconnection of existing collection points. These are 
the core aspects in terms of addressing the identified problems and they are also the principal 
determinants of costs. 

The following aspects were also assessed, although they are considered to be more technical 
and less crucial for the achievement of ESAP specific objectives: (i) timeliness of information 
accessibility  via  ESAP;  (ii)  ensuring  data  integrity  and  credibility  of  the  source;  (iii)  grand 
fathering;  (iv)  retention  period;  (v)  principles  about  “voluntary  information”  which  will  be 
accessible via ESAP. 

• 

Regulatory fitness and simplification 

This  proposal  addresses  mainly  the  designation  of  collection  bodies  needed  for  the 
establishment of ESAP. By streamlining disclosure channels, ESAP will bring simplification 
and  improved  efficiency  mainly  on  the  demand  side  (users),  with  reduced  search  and 
processing costs, and to some extent to entities in terms of filing obligations. 

• 

Fundamental rights 

This proposal respects fundamental rights and observes the principles recognised in particular 
by the Charter of the Fundamental Rights of the European Union. ESAP will improve access 
to information that include personal data. This is necessary to promote data-driven innovation 
in  finance,  help  integrate  European  capital  markets,  channel  investments  into  sustainable 
activities, and bring efficiencies for consumers and businesses. At the same time, ESAP will 
improve access only to those personal data that have to be processed pursuant Union law or 

8 
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ISBN 978-92-76-13304-9. 
ISBN 978-92-76-25267-2. 

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another  legal  basis  pursuant  to  Regulation  (EU)  2016/67910,  as  this  proposal  does  not 
introduce new data reporting requirements in addition to those that already exist.  

4. 

BUDGETARY IMPLICATIONS  

This proposal addresses mainly the entities filing information and the collection bodies.  

In order to optimally achieve the objectives of this initiative, this proposal holds no additional 
implications  in  terms  of  costs  than  what  is  exposed  in  the  Legal  Financial  Statement  and 
Budgetary implications of the proposal for a Regulation establishing ESAP for national or EU 
collection  bodies  (Officially  Appointed  Mechanisms,  National  Competent  Authorities, 
European  Supervisory  Authorities  referred  to  in  the  context  of  EU  legislation  on  financial 
services, capital markets and sustainability).  

For  the  collection  bodies,  the  costs  for  the  interconnection  of  the  EU/national  collection 
bodies with ESAP (mainly based on the development of Application Programming Interfaces) 
are estimated to be around EUR 50 800 at individual level (one-off), while annual recurring 
costs  would  be  around  EUR  6  500  at  individual  level.  In  some  cases,  there  are  strong 
synergies with existing tasks carried or projects already planned by collection bodies, such as 
the  recent  proposal  to  amend  the  Regulation  (EU)  No  575/2013  in  order  to  empower  the 
European Banking Authority (EBA) to centralise the publication of institutions’ annual, semi-
annual and quarterly prudential disclosures. The EBA will act as the collection body for this 
information  in  the  context  of  ESAP11.  This  proposal  also  builds  on  the  existing  Officially 
Appointed  Mechanisms  that  currently  collect  regulated  information  from  issuers  of 
transferable  securities  listed  on  EU  regulated  markets  pursuant  to  the  Transparency 
Directive12. 

Costs for the filing entities (filing costs) would amount to EUR 800 per year, comprised of the 
costs  for  obtaining  a  legal  entity  identifier,  signing  tools,  a  digital  certificate,  and  potential 
filing fees charged by the collection bodies (higher bound estimate – the funding of collection 
bodies’  funding  will  a  national  prerogative,  and  may  commonly  include  public  funding). 
These costs would represent EUR 121.4 million annually for the filing entities altogether. 

Budgetary  implications  of  the  above  on  national  budgets  cannot  be  predicted  with  certainty 
beyond  the  examination  of  costs,  as  this  will  depend  on  many  factors,  including  whether  a 
collection body is public or private, their current funding arrangements, etc.  

The  Commission provides  a  tailor-made  expertise  via  Technical  Support  Initiative  (TSI)  to 
help EU Member States design and implement growth enhancing reforms in a wide range of 
policy  areas.  The Commission’s  TSI  programme  can partially  fund the  technical  support  for 
the implementation of ESAP by National Competent Authorities, upon their request. Through 
the  TSI  programme,  the  Commission  will  also  provide  input  on  the  practical  aspects  of 
reforms.  This  can take the form  of strategic or legal  advice, studies, training and in-country 
missions by experts. Funding provided through the TSI is based on annual request rounds. 

10 

11 

12 

Regulation  (EU)  2016/679  of  the  European  Parliament  and  of  the  Council  of  27  April  2016  on  the 
protection of natural persons with regard to the processing of personal data and on the free movement of 
such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ L 119, 4.5.2016, 
p. 1–88). 
See the Commission’s proposals for a Regulation amending Regulation (EU) No 575/2013 as regards 
requirements  for  credit  risk,  credit  valuation  adjustment  risk,  operational  risk,  market  risk  and  the 
output floor, in particular the amendments to Article 433. 
See  Article  21(1)  of  Directive  2004/109/EC  of  the  European  Parliament  and  of  the  Council  of  15 
December 2004 as amended. 

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5. 

• 

OTHER ELEMENTS 

Implementation plans and monitoring, evaluation and reporting arrangements 

This proposal does not require an implementation plan. 

Monitoring  certain  elements  of  this  proposal,  in  particular  as  regards  the  extent  of  machine 
readability of the information, would be a task for ESMA, as per the proposal for a Regulation 
establishing ESAP. 

The proposal for a Regulation establishing a ESAP includes a review clause for the package. 

• 

Detailed explanation of the specific provisions of the proposal 

Each Article of this proposal amends a specific Directive among the ones listed in the Annex 
to  the  proposal  for  a  Regulation  establishing  ESAP,  by  introducing  an  additional  provision 
regulating the following specific aspects to enable the functioning of ESAP: 

(1) 

Disclosure and format of certain information 

This  additional  provision  specifies  that  any  information,  document  and  report  made  public 
under EU law by an entity (including issuers of securities, auditors, funds and fund managers, 
insurance  companies,  companies,  institutions,  investment  firms,  or  credit  institutions,  as 
applicable), will have to  be submitted to  the collection body published in a data extractable 
format or in a machine-readable format, where required under Union law, simultaneously as 
their publication.  

This  provision  also  specifies  that  any  information,  document  and  report  that  is  to  be  made 
public, must be accompanied by a qualified electronic seal as defined in Article 3, point (27), 
of Regulation (EU) No 910/2014 of the European Parliament and of the Council13 and must 
include at least the following metadata:  

– 

– 

– 

– 

– 

the name of the entity submitting the information; 

the legal entity identifier; 

the size of the entity; 

the type of information; 

the specific period of time for the information to be made publicly available, where 
relevant. 

The relevant European Supervisory Authority (i.e. ESMA, EBA or EIOPA), based on a cost-
benefit analysis, will develop draft implementing technical standards to specify: 

– 

– 

– 

any specific metadata to accompany the information; 

the data structuring of the information; 

the machine-readable format. 

The Commission is empowered to adopt those implementing technical standards by means of 
implementing acts. 

13 

Regulation  (EU)  No 910/2014  of  the  European  Parliament  and  of  the  Council  of  23 July  2014  on 
electronic  identification  and  trust  services  for  electronic  transactions  in  the  internal  market  and 
repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 73). 

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(2) 

Designation of collection bodies 

This provision specifies the relevant collection body to which a filing entity should submit the 
information.  Where  a  collection  body  is  already  identified  within  a  directive,  it  will  be 
specifically  designated  for  the  purpose  of  collecting  information  for  the  purpose  of  ESAP. 
When  no  collection  body  can  be  identified  within  a  directive  for  the  purpose  of  ESAP,  the 
task of being collection bodies for the purpose of ESAP is devolved on officially appointed 
mechanisms established under Directive 2004/109/EC (Transparency Directive). 

(3) 

Application date 

The  application  date  specified  in  each  Article  determines  when  a  specific  Directive  and  its 
related disclosure obligations will start falling in the scope of ESAP.  

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2021/0379 (COD) 

Proposal for a 

DIRECTIVE OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending certain Directives as regards the establishment and functioning of the 
European single access point 

(Text with EEA relevance) 

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION, 

Having  regard  to  the  Treaty  on  the  Functioning  of  the  European  Union,  and  in  particular 
Articles 50, 53, 62, and 114 thereof,  

Having regard to the proposal from the European Commission, 

After transmission of the draft legislative act to the national parliaments, 
Having regard to the opinion of the European Economic and Social Committee14,  

Acting in accordance with the ordinary legislative procedure, 

Whereas: 

(1) 

In  the  Capital  Markets  Union  (CMU)  Action  Plan15,  the  Commission  proposed to 
improve public access to entities’ financial and non-financial information by building 
a European Single Access Point (ESAP). The Commission Digital Finance Strategy16 
set out general lines on how Europe can support the digital transformation of finance 
in the coming years, and in particular, to promote a data-driven finance. In the Strategy 
for  Financing  the  Transition  to  a  Sustainable  Economy17,  the  Commission  placed 
sustainable  finance  at  the  heart  of  the  financial  system  as  a  key  means  to  achieve 
the green transition of the EU economy, as part of the Green Deal18.  

(2) 

ESAP  is  to  be  established  in  accordance  with  Regulation  (EU)  XXX/XXX  of  the 
European  Parliament  and  of  the  Council  [ESAP  Regulation]19  in  order  to  enable  an 
easy  access  to  data  for  decision  makers  in  the  economy  and  society  to  make  sound 
decisions  that  serve  the  efficient  functioning  of  the  market.  Rolling  out  common 

14 
15 

16 

17 

18 

19 

OJ C [...], [...], p. [...]. 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic and Social Committee and the Committee of the Regions, A capital markets union for people 
and businesses-new action plan, 24.9.2020, COM/2020/590 final. 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic and Social Committee and the Committee of the Regions, A digital finance strategy for the 
EU, 24.09.2020, COM/2020/591 final. 
Communication  from  the  Commission  to  the  European  Parliament,  the  Council,  the  European 
Economic  and  Social  Committee  and  the  Committee  of  the  Regions,  Strategy  for  financing  the 
transition to a sustainable economy, 06.07.2021, COM/2021/390 final. 
Communication from the Commission to the European Parliament, the European Council, the Council, 
the European Economic and Social Committee and the Committee of the Regions, The European green 
deal, 11.12.2019, COM/2019/640 final. 
[OP: Please insert corresponding footnote: full title and OJ reference]. 

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(3) 

(4) 

(5) 

European  data  spaces  in  crucial  sectors,  including  the  financial  sector,  would  serve 
that purpose. The financial world is expected to undergo a digital transformation in the 
coming  years,  and  the  Union  should  support  this,  in  particular  by  promoting  data-
driven  finance.  Furthermore,  putting  sustainable  finance  at  the  heart  of  the  financial 
system is a key means to achieving a green transition of the Union economy. For the 
green transition to succeed through sustainable finance, it is essential that information 
related to the sustainability of businesses is easily accessible to investors so that they 
are  better  informed  when  making  decisions  about  investments.  For  those  purposes, 
public  access  to  financial  and  non-financial  information  on  natural  or  legal  persons 
required to make information public, or submitting financial and sustainability-related 
information about their economic activities to a collection body on a voluntary basis 
(‘entities’)  needs  to  be  improved.  An  efficient  means  to  do  so  at  Union  level  is  to 
establish  a  centralised  platform,  ESAP,  giving  electronic  access  to  all  relevant 
information.  

ESAP should provide the public with an easy centralised access to information about 
entities  and  their  products  in  relation  to financial  services,  capital  markets  and 
sustainability that authorities and entities are required to publish in accordance with a 
number  of  Directives 
that  field.  In  any  case,  any  entity  may  submit 
information about  its  economic  activities  of  relevance  to  financial  services,  or  to 
capital markets or concerning sustainability to a collection body with a view to making 
that information accessible on ESAP in accordance with Article 3 of Regulation (EU) 
XXX/XXX [ESAP Regulation].  

in 

A  number  of  Directives  in  the  field  of  financial  services,  capital  markets  and 
sustainability should be amended in order to enable the functioning of ESAP. To allow 
for a sound and efficient functioning of ESAP in a proportionate manner, the scaling-
up of the collection and submission of the information would need to be gradual. 

For  the  functioning  of  ESAP,  collection  bodies  should  be  designated  to  collect  from 
the  entity  the  information  in  relation  to  financial  services  capital  markets  and 
sustainability.  In  the  absence  of  a  collection  body  already  established  under  Union 
law,  Member  States  shall  designate  one  of  the  Officially  Appointed  Mechanism 
established  under  Directive  2004/109/EC  of  the  European  Parliament  and  of  the 
Council20 to collect and store the information, and notify the European Securities and 
Markets  Authority  (ESMA)  accordingly.  That  Officially  Appointed  Mechanism 
should  act  as a collection  body as  defined in Article 2, point (2) of  Regulation  (EU) 
XXXX/XXX [ESAP Regulation] and should carry out the specific tasks set out in that 
Regulation.  Where  a  European  Supervisory  Authority  or  a  competent  authority  is 
required  under  Union  law  to  draw-up  and  publish  on  its  website  information  on  the 
entities  and  their  financial  products  in  relation  to  financial  services,  capital  markets 
and sustainability, that authority should act as a collection body as defined Article 2, 
point (2) of Regulation (EU) XXXX/XXX [ESAP Regulation]. That authority should 
publish  the  information  in  a  data  extractable  format,  include  the  names  and,  where 
available, the legal entity identifier of the entity, and specify the type of information. 

20 

Directive  2004/109/EC  of  the  European  Parliament  and  of  the  Council  of  15  December  2004  on  the 
harmonisation of transparency requirements in relation to information about issuers whose securities are 
admitted to trading on a regulated market and amending Directive 2001/34/EC (OJ L 390, 31.12.2004, 
p. 38). 

EN 

9 

  EN 

                                                 
(6) 

(7) 

(8) 

To  ensure  that  ESAP  provides  timely  access  to  information  that  is  relevant  for 
financial  services,  capital  markets  and  sustainability  as  set  out  in  Regulation  (EU) 
XXXX/XXX  [ESAP  Regulation],  entities  should  submit  their  information  to  a 
collection body at the same time as they make that information public. 

In  order  for  the  information  to  be  digitally  usable,  the  entities  should  submit  to  the 
collection bodies the information in a data extractable format or, where required under 
Union  law,  in  a  machine-readable  format.  The  entities  should  also  accompany  the 
information they submit to the collection bodies with the metadata requested by those 
collection  bodies.  The  Commission  should  be  empowered  to  adopt  implementing 
technical  standards  developed  by  the  relevant  European  Supervisory  Authority 
specifying  the  metadata  for  each  piece  of  information,  the  data  structuring  of  the 
information,  and  the  information  for  which  the  machine-readable  format  is  required 
and which machine-readable format is to be used in that case. 

Entities  should  be  held  responsible  for  the  information  they  submit  to  the  collection 
bodies.  Ensuring  data  integrity  and  credibility  of  the  source  would  enable  to  protect 
the  entities  from  undue  alteration  of  their  information,  and  build  public  trust  in 
ESAP. To  that  purpose,  documents  submitted  by  entities  to  the  collection  bodies 
should be  accompanied  by a  qualified  electronic  seal  included  by  the  reporting 
entity on  the  information  submitted  to  the  collection  bodies  where  such  seal  is 
required,  in  accordance  with  the  specifications  set  out  in  Regulation  (EU) 
XXXX/XXX [ESAP Regulation]. 

(9) 

The  European  Data  Protection  Supervisor  was  consulted  in  accordance  with  Article 
42(1) of Regulation (EU) 2018/172521 and delivered an opinion on [insert date]22. 

(10)  Since the objective of this Directive, namely to harmonise the disclosure requirements 
for  the  public  information  that  should  be  accessible  through  ESAP,  cannot  be 
sufficiently  achieved  by  the  Member  States  and  can  therefore,  by  reason  its  scale  or 
effects,  be  better  achieved  at  Union  level,  the  Union  may  adopt  measures,  in 
accordance  with  the  principle  of  subsidiarity  as  set  out  in  Article  5  of  the  Treaty  on 
European Union. In accordance with the principle of proportionality, as set out in that 
Article, this Directive does not  go beyond what is  necessary in  order to achieve that 
objective.  

(11)  The following Directives should therefore be amended accordingly.  

– 

– 

Directive 2002/87/EC  on the supplementary  supervision  of credit institutions, 
insurance undertakings and investment firms in a financial conglomerate23; 
Directive 2004/25/EC on takeover bids24 ; 

21 

22 
23 

24 

Regulation (EU) 2018/1725 of the European Parliament and of the Council of 23 October 2018 on the 
protection of natural persons with regard to the  processing of personal data by the Union institutions, 
bodies, offices and agencies and on the free movement of such data, and repealing Regulation (EC) No 
45/2001 and Decision No 1247/2002/EC (OJ L 295, 21.11.2018, p. 39). 
OJ C [...], [...], p. [...]. 
Directive  2002/87/EC  of  the  European  Parliament  and  of  the  Council  of  16  December  2002  on  the 
supplementary  supervision  of  credit  institutions,  insurance  undertakings  and  investment  firms  in  a 
financial  conglomerate  and  amending  Council  Directives  73/239/EEC,  79/267/EEC,  92/49/EEC, 
92/96/EEC,  93/6/EEC  and  93/22/EEC,  and  Directives  98/78/EC  and  2000/12/EC  of  the  European 
Parliament and of the Council (OJ L 35, 11.2.2003, p. 1). 
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). 

EN 

10 

  EN 

                                                 
– 

– 

– 

– 

– 

– 

– 

– 

– 

Directive  2004/109/EC  on  the  harmonisation  of  transparency  requirements  in 
relation  to  information  about  issuers  whose  securities  are  admitted  to  trading 
on a regulated market25 ; 

Directive 2006/43/EC on statutory audits of annual accounts and consolidated 
accounts26; 

Directive 2007/36/EC on the exercise of certain rights of shareholders in listed 
companies27; 

laws,  regulations  and 
Directive  2009/65/EC  on 
administrative provisions relating to  undertakings  for collective investment  in 
transferable securities (UCITS)28; 

the  coordination  of 

Directive  2009/138/EC  on  the  taking-up  and  pursuit  of  the  business  of 
Insurance and Reinsurance (Solvency II)29;  
Directive 2011/61/EU on Alternative Investment Fund Managers30; 

Directive  2013/34/EU  on  the  annual  financial  statements,  consolidated 
financial statements and related reports of certain types of undertakings31; 

Directive  2013/36/EU  on  access  to  the  activity  of  credit  institutions  and  the 
prudential supervision of credit institutions and investment firms32; 

Directive 2014/59/EU establishing a framework for the recovery and resolution 
of credit institutions and investment firms33; 

25 

26 

27 

28 

29 

30 

31 

32 

33 

Directive  2004/109/EC  of  the  European  Parliament  and  of  the  Council  of  15  December  2004  on  the 
harmonisation of transparency requirements in relation to information about issuers whose securities are 
admitted to trading on a regulated market and amending Directive 2001/34/EC (OJ L 390, 31.12.2004, 
p. 38). 
Directive  2006/43/EC  of  the  European  Parliament  and  of  the  Council  of  17  May  2006  on  statutory 
audits  of  annual  accounts  and  consolidated  accounts,  amending  Council  Directives  78/660/EEC  and 
83/349/EEC and repealing Council Directive 84/253/EEC (OJ L 157, 9.6.2006, p. 87). 
Directive 2007/36/EC of the European Parliament and of the Council of 11 July 2007 on the exercise of 
certain rights of shareholders in listed companies (OJ L 184, 14.7.2007, p. 17). 
Directive  2009/65/EC  of  the  European  Parliament  and  of  the  Council  of  13  July  2009  on  the 
coordination  of  laws,  regulations  and  administrative  provisions  relating  to  undertakings  for  collective 
investment in transferable securities (UCITS) (OJ L 302, 17.11.2009, p. 32). 
Directive  2009/138/EC  of  the  European  Parliament  and  of  the  Council  of  25  November  2009  on  the 
taking-up  and  pursuit  of  the  business  of  Insurance  and  Reinsurance  (Solvency  II)  (OJ  L  335, 
17.12.2009, p. 1). 
Directive  2011/61/EU  of  the  European  Parliament  and  of  the  Council  of  8  June  2011  on  Alternative 
Investment  Fund  Managers  and  amending  Directives  2003/41/EC  and  2009/65/EC  and  Regulations 
(EC) No 1060/2009 and (EU) No 1095/2010 (OJ L 174, 1.7.2011, p. 1). 
Directive  2013/34/EU  of  the  European  Parliament  and  of  the  Council  of  26  June  2013 on  the  annual 
financial  statements,  consolidated  financial  statements  and  related  reports  of  certain  types  of 
undertakings,  amending  Directive  2006/43/EC  of  the  European  Parliament  and  of  the  Council  and 
repealing Council Directives 78/660/EEC and 83/349/EEC (OJ L 182, 29.6.2013, p. 19). 
Directive 2013/36/EU of the European Parliament and of the Council of 26 June 2013 on access to the 
activity of credit institutions and the prudential supervision of credit institutions and investment firms, 
amending Directive 2002/87/EC and repealing Directives 2006/48/EC and 2006/49/EC Text with EEA 
relevance (OJ L 176, 27.6.2013, p. 338). 
Directive  2014/59/EU  of  the  European  Parliament  and  of  the  Council  of  15  May  2014 establishing  a 
framework  for  the  recovery  and  resolution  of  credit  institutions  and  investment  firms  and  amending 
Council  Directive  82/891/EEC,  and  Directives  2001/24/EC,  2002/47/EC,  2004/25/EC,  2005/56/EC, 
2007/36/EC, 2011/35/EU, 2012/30/EU and 2013/36/EU, and Regulations (EU) No 1093/2010 and (EU) 
No 648/2012, of the European Parliament and of the Council (OJ L 173, 12.6.2014, p. 190). 

EN 

11 

  EN 

                                                 
– 

– 

– 

– 

– 

Directive 2014/65/EU on markets in financial instruments34; 
Directive (EU) 2016/97 on insurance distribution35; 

Directive  (EU)  2016/2341  on  the  activities  and  supervision  of  institutions  for 
occupational retirement provision (IORPs)36; 
Directive (EU) 2019/2034 on the prudential supervision of investment firms37; 

Directive  (EU)  2019/2162  on  the  issue  of  covered  bonds  and  covered  bond 
public supervision38 , 

HAVE ADOPTED THIS DIRECTIVE: 

Article 1 
Amendment to Directive 2002/87/EC  

In Directive 2002/87/EC, the following Article 30b is inserted: 

‘Article 30b 

Accessibility of information on the European Single Access Point (ESAP) 

1. 

From  1  January  2026,  Member  States  shall  ensure  that,  when  making  public  any 
information pursuant to Article 9(4) of this Directive, the regulated entities submit at 
the  same  time  that  information  to the  collection  body  referred  to  in  paragraph  3  of 
this  Article 
(EU) 
XX/XXXX[ESAP Regulation] of the European Parliament and of the Council*.  

for  accessibility  on  ESAP established  under Regulation 

That information shall comply with all of the following requirements: 

(a) 

the  information  shall  be  prepared  in  a  data  extractable  format  as  defined  in 
Article  2,  point  (3),  of  Regulation  (EU)  XX/XXXX  [ESAP  Regulation]  or, 
where  required under Union  law, in  a machine-readable format,  as defined in 
Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament 
and of the Council**; 

(b) 

the information shall be accompanied by all following metadata: 

(i) 

all the names of the regulated entity to which the information relates; 

(ii) 

the legal entity identifier of the regulated entity, as specified pursuant to 
Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation]; 

34 

35 

36 

37 

38 

Directive  2014/65/EU  of  the  European  Parliament  and  of  the  Council  of  15  May  2014 on  markets  in 
financial  instruments  and  amending  Directive  2002/92/EC  and  Directive  2011/61/EU  (OJ  L  173, 
12.6.2014, p. 349). 
Directive (EU) 2016/97 of the European Parliament and of the Council of 20 January 2016 on insurance 
distribution (OJ L 26, 2.2.2016, p. 19). 
Directive (EU) 2016/2341 of the European Parliament and of the Council of 14 December 2016 on the 
activities  and  supervision  of  institutions  for  occupational  retirement  provision  (IORPs)  (OJ  L  354, 
23.12.2016, p. 37). 
Directive (EU) 2019/2034 of the European Parliament and of the Council of 27 November 2019 on the 
prudential  supervision  of  investment  firms  and  amending  Directives  2002/87/EC,  2009/65/EC, 
2011/61/EU, 2013/36/EU, 2014/59/EU and 2014/65/EU (OJ L 314, 5.12.2019, p. 64). 
Directive (EU) 2019/2162 of the European Parliament and of the Council of 27 November 2019 on the 
issue of covered bonds and covered bond public supervision and amending Directives 2009/65/EC and 
2014/59/EU (OJ L 328, 18.12.2019, p. 29). 

EN 

12 

  EN 

                                                 
2. 

3. 

4. 

(iii) 

(iv) 

(v) 

the  size  of  the  regulated  entity  by  category,  as  specified  pursuant  to 
Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation]; 

the  type  of  information,  as  classified  pursuant  to  Article  7(4)  of 
Regulation (EU) XX/XXXX [ESAP Regulation]; 

the  specific  period  for  which  the  information  is  to  be  made  publicly 
available on ESAP, where relevant. 

(c) 

the information shall be accompanied by a qualified electronic seal as defined 
in  Article  3,  point  (27),  of  Regulation  (EU)  No  910/2014  of  the  European 
Parliament and of the Council***. 

For the purposes of paragraph 1, point (b)(ii) Member States shall require regulated 
entities to  acquire  the  legal entity  identifier as specified  pursuant  to Article 7(4) of 
Regulation (EU) XX/XXXX [ESAP Regulation]. 

By  31  December  2025,  for  the  purposes  of  paragraph  1,  Member  States  shall 
designate one of the officially appointed mechanisms as defined in Article 21, point 
(2) of Directive 2004/109/EC as the collection body defined in Article 2, point (2), of 
Regulation (EU) XX/XXXX [ESAP Regulation] and notify ESMA thereof. 

For  the  purposes  of  ensuring  an  efficient  collection  and  administration  of  data 
submitted  in  accordance  with  paragraph  1,  points  (a)  and  (b),  ESMA  shall  develop 
draft implementing technical standards to specify: 

(a) 

any other metadata to accompany the information; 

(b) 

the structuring of data in the information; 

(c) 

for  which  information  a  machine-readable  format  is  required  and  which 
machine-readable format is to be used. 

For the purposes of point (c), ESMA shall assess the advantages and disadvantages 
of different machine-readable formats and conduct appropriate field tests.  

ESMA shall submit those draft implementing technical standards to the Commission. 

Power is conferred on the Commission to adopt the implementing technical standards 
referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) 
No 1095/2010. 

________________ 

*  Regulation  (EU)  XX/XXXX  of  the  European  Parliament  and  of  the  Council 
establishing a European Single Access Point (ESAP) providing centralised access to 
information that is publicly available in relation to financial services, capital markets 
and sustainability (OJ L [...], […], p. […]). 

** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 
June  2019  on  open  data  and  the  re-use  of  public  sector  information  (OJ  L  172, 
26.6.2019, p. 56). 

*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 
23 July 2014 on electronic identification and trust services for electronic transactions 
in the internal market and repealing Directive 1999/93/EC  (OJ L 257, 28.8.2014, p. 
73).’ 

EN 

13 

  EN 

Article 2 
Amendment to Directive 2004/25/EC  

In Directive 2004/25/EC, the following Article 16a is inserted: 

‘Article 16a 

Accessibility of information on the European Single Access Point (ESAP) 

1. 

From  1  January  2025,  Member  States  shall  ensure  that,  when  making  public  an 
information pursuant to Article 4(2), point (c), Article 5(4), Article 6(1), Article 6(2) 
and  Article  9(5)  of  this  Directive,  companies  submit at  the  same  time  that 
information to the relevant collection body referred to in paragraph 3 of this Article 
for  accessibility on  ESAP established  under Regulation  (EU)  XX/XXXX  [ESAP 
Regulation] of the European Parliament and of the Council*.  

That information shall comply with all of the following requirements: 

(a) 

the  information  shall  be  prepared  in  a  data  extractable  format  as  defined  in 
Article  2,  point  (3),  of  Regulation  (EU)  XX/XXXX  [ESAP  Regulation]  or, 
where  required under Union  law, in  a machine-readable format,  as defined  in 
Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament 
and of the Council**; 

(b) 

the information  shall be accompanied by all following metadata: 

(i) 

all the names of the company to which the information relates; 

(ii) 

(iii) 

(iv) 

(v) 

the legal entity identifier of the company, as specified pursuant to Article 
7(4) of Regulation (EU) XX/XXXX [ESAP Regulation]; 

the size of the company by category, as specified pursuant to Article 7(4) 
of Regulation (EU) XX/XXXX [ESAP Regulation]; 

the  type  of  information,  as  classified  pursuant  to  Article  7(4)  of  
Regulation (EU) XX/XXXX [ESAP Regulation]; 

the  specific  period  for  which  the  information  is  to  be  made  publicly 
available on ESAP, where relevant. 

(c) 

the information shall be accompanied by a qualified electronic seal as defined 
in  Article  3,  point  (27),  of  Regulation  (EU)  No  910/2014  of  the  European 
Parliament and of the Council***.  

For  the  purposes  of  paragraph  1,  point  (b)(ii)  of  this  Article,  Member  Sates  shall 
require companies to acquire a legal entity identifier as specified pursuant to Article 
7(4) of Regulation (EU) XX/XXXX [ESAP Regulation]. 

For  the  purposes  of  making  accessible  on  ESAP  the  information  referred  to  in 
paragraph 1, the collection body as defined in Article 2, point (2), of Regulation (EU) 
XX/XXXX [ESAP Regulation] shall be the competent authority designated pursuant 
to Article 4(1) of this Directive.  

For  the  purposes  of  ensuring  an  efficient  collection  and  administration  of  the 
information  submitted  in  accordance  with  paragraph  1,  points  (a)  and  (b),  ESMA 
shall develop draft implementing technical standards to specify: 

2. 

3. 

4. 

(a) 

any other metadata to accompany the information ; 

(b) 

the structuring of data in the information ; 

EN 

14 

  EN 

(c) 

for  which  information  a  machine-readable  format  is  required  and  which 
machine-readable format is to be used. 

Before developing the draft implementing technical standards, ESMA shall carry out 
a  cost-benefit  analysis.  For  the  purposes  of  point  (c),  ESMA  shall  assess  the 
advantages  and  disadvantages  of  different  machine-readable  formats  and  conduct 
appropriate field tests. 

ESMA shall submit those draft implementing technical standards to the Commission. 

Power is conferred on the Commission to adopt the implementing technical standards 
referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) 
No 1095/2010. 

________________ 

*  Regulation  (EU)  XX/XXXX  of  the  European  Parliament  and  of  the  Council 
establishing a European Single Access Point (ESAP) providing centralised access to 
information that is publicly available in relation to financial services, capital markets 
and sustainability (OJ L [...], […], p. […]). 

** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 
June  2019  on  open  data  and  the  re-use  of  public  sector  information  (OJ  L  172, 
26.6.2019, p. 56). 

*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 
23 July 2014 on electronic identification and trust services for electronic transactions 
in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 
73).’ 

Article 3 
Amendments to Directive 2004/109/EC  

Directive 2004/109/EC is amended as follows: 

1. 

(1) 

In Directive 2004/109/EC, the following Article 23a is inserted: 

‘Article 23a 

Accessibility of information on the European Single Access Point (ESAP) 

From 1 January 2024, Member States shall ensure that, when disclosing the regulated 
information pursuant to Article 21 (1) of this Directive, the issuer or the person who 
has  applied  for  admission  to  trading  on  a  regulated  market  without  the  issuer's 
consent  shall  at  the  same  time  submit  that  regulated  information  to the  relevant 
collection  body  referred  to  in  paragraph  2  of  this  Article  for  accessibility  on 
ESAP established pursuant to Regulation (EU) XX/XXXX [ESAP Regulation] of the 
European Parliament and of the Council*.  

That regulated information shall comply with all of the following requirements: 

(a) 

the  information  shall  be  prepared  in  a  data  extractable  format  as  defined  in 
Article  2,  point  (3),  of  Regulation  (EU)  XX/XXXX  [ESAP  Regulation]  or, 
where  required under Union  law, in a machine-readable format,  as  defined  in 
Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament 
and of the Council**; 

(b) 

the information shall be accompanied by all of the following metadata  

EN 

15 

  EN 

(i) 

all the names of the issuer to which the information relates; 

(ii) 

(iii) 

(iv) 

(v) 

the legal entity identifier of the issuer, as specified pursuant to Article 7, 
point (4) of Regulation (EU) XX/XXXX [ESAP Regulation]; 

the size of the issuer, as specified pursuant to Article 7(4) of Regulation 
(EU) XX/XXXX [ESAP Regulation]; 

the  type  of  information,  as  classified  pursuant  to  Article  7(4)  of  
Regulation (EU) XX/XXXX [ESAP Regulation]; 

the  specific  period  for  which  the  information  is  to  be  made  publicly 
available on ESAP, where relevant. 

(c) 

the information shall be accompanied by a qualified electronic seal as defined 
in  Article  3,  point  (27),  of  Regulation  (EU)  No  910/2014  of  the  European 
Parliament and of the Council***. 

2. 

For the purposes paragraph 1, the collection bodies as defined in Article 2, point (3), 
of Regulation (EU) XX/XXXX [ESAP Regulation] shall be the officially appointed 
mechanisms designated under Article 21(2) of this Directive.  

From  1  January  2024,  for  the  purposes  of  making  accessible  on  ESAP  the 
information referred to in Article 29(1), the collection bodies a defined in Article 2 
(2),  of  Regulation  (EU)  XX/XXXX  [ESAP  Regulation]  shall  be  the  competent 
authorities. That information shall be prepared in a data extractable format as defined 
in  Article 2 (3), of the Regulation  (EU) XX/XXXX  [ESAP  Regulation],include the 
names  and,  where  available,  the  legal  entity  identifier  of  the  issuer,  as  specified 
pursuant  to  Article  7(4)  of  that  Regulation,  and  include  the  type  of  information,  as 
classified pursuant to Article 7(4) of that Regulation. 

___________ 

*  Regulation  (EU)  XX/XXXX  of  the  European  Parliament  and  of  the  Council 
establishing a European Single Access Point (ESAP) providing centralised access to 
information that is publicly available in relation to financial services, capital markets 
and sustainability (OJ L [...], […], p. […]). 

** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 
June  2019  on  open  data  and  the  re-use  of  public  sector  information  (OJ  L  172, 
26.6.2019, p. 56). 

*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 
23 July 2014 on electronic identification and trust services for electronic transactions 
in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 
73).’ 

(2)  Article 21a is repealed. 

Article 4 
Amendment to Directive 2006/43/EC 

In Directive 2006/43/EC, the following Article 20a is inserted: 

‘Article 20a 

Accessibility of information on the European Single Access Point (ESAP) 

EN 

16 

  EN 

1. 

2. 

From  1  January  2026,  Member  States  shall  ensure  that,  when  making  public  on 
ESAP  the  information  pursuant  to  Article  15  and  Article  30c  of  this  Directive,  the 
statutory  auditor  or  audit  firm  submits  at  the  same  time  that  information  to the 
collection  body  referred  to  in  paragraph  2  of  this  Article  for  accessibility  on 
ESAP established  under Regulation  (EU)  XX/XXXX[ESAP  Regulation]  of  the 
European Parliament and of the Council*.  

From  1  January  2026,  for  the  purposes  of  making  accessible  on  ESAP  the 
information  referred  to  in  paragraph  1,  the  collection  body  as  defined  in  Article  2, 
point  (2),  of  Regulation  (EU)  XX/XXXX  [ESAP  Regulation]  shall  be  the  national 
competent  authority  in  charge  of  the  public  register.  The  information  shall  be 
published  in  a  data  extractable  format  as  defined  in  Article  2,  point  (3),  of  the 
Regulation  (EU)  XX/XXXX  [ESAP  Regulation],  include  the  names  and,  where 
available, the legal entity identifier of the statutory auditor or audit firm, as specified 
pursuant  to  Article  7(4)  of  that  Regulation,  and  include  the  type  of  information,  as 
classified pursuant to Article 7(4) of that Regulation. 

_______________ 

*  Regulation  (EU)  XX/XXXX  of  the  European  Parliament  and  of  the  Council 
establishing a European Single Access Point (ESAP) providing centralised access to 
information that is publicly available in relation to financial services, capital markets 
and sustainability (OJ L [...], […], p. […]).’ 

Article 5 
Amendment to Directive 2007/36/EC  

In Directive 2007/36/EC, the following Chapter IIb is inserted: 

‘CHAPTER IIb 

EUROPEAN SINGLE ACCESS POINT (ESAP) 

Article 14c 

Accessibility of information on the European Single Access Point (ESAP) 

1. 

From  1  January  2025,  Member  States  shall  ensure  that,  when  making  public  any 
information  pursuant  to  Article  3g(1),  Article  3h(1),  Article  3h(2),  Article  3j(1), 
Article  3j(2),  Article  9a(7),  Article  9b(5),  Article  9c(2),  Article  9c(7),  and  Article 
14(2)  of  this  Directive,  companies  submit  at  the  same  time  that  information  to the 
collection  body  referred  to  in  paragraph  3  of  this  Article  for  accessibility  on 
ESAP established  under Regulation  (EU)  XX/XXXX  [ESAP  Regulation]  of  the 
European Parliament and of the Council*.  

That information shall comply with all of the following requirements: 

(a) 

the  information    shall  be  prepared  in  a  data  extractable  format  as  defined  in 
Article  2,  point  (3),  of  Regulation  (EU)  XX/XXXX  [ESAP  Regulation]  or, 
where  required under Union  law, in  a machine-readable format,  as defined in 
Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament 
and of the Council**; 

(b) 

the information shall be accompanied by all of the following metadata: 

(i) 

all the names of the company to which the information relates; 

EN 

17 

  EN 

2. 

3. 

4. 

(ii) 

(iii) 

(iv) 

(v) 

the legal entity identifier of the company, as specified pursuant to Article 
7(4) of Regulation (EU) XX/XXXX [ESAP Regulation]; 

the size of the company by category, as specified pursuant to Article 7(4) 
of Regulation (EU) XX/XXXX [ESAP Regulation]; 

the  type  of  information,  as  classified  pursuant  to  Article  7(4)  of 
Regulation (EU) XX/XXXX [ESAP Regulation]; 

the  specific  period  for  which  the  information  is  to  be  made  publicly 
available on ESAP, where relevant. 

(c) 

the information  shall be accompanied by a qualified electronic seal as defined 
in  Article  3,  point  (27),  of  Regulation  (EU)  No  910/2014  of  the  European 
Parliament and of the Council***. 

For  the  purposes  of  paragraph  1(b)(ii),  Member  States  shall  require  companies  to 
acquire a legal entity identifier as specified pursuant to Article 7(4) of the Regulation 
(EU) XX/XXXX [ESAP Regulation]. 

By  31  December  2024,  for  the  purposes  of  making  accessible  on  ESAP  the 
information  referred  to  in  paragraph  1,  Member  States  shall  designate  one  of  the 
officially  appointed  mechanisms  referred  to  in  Article  21,  point  (2)  of  Directive 
2004/109/EC  as  the  collection  body  defined  in  Article  2,  point  (2),  of  Regulation 
(EU) XX/XXXX [ESAP Regulation] and notify ESMA thereof. 

For  the  purposes  of  ensuring  an  efficient  collection  and  administration  of  the 
information  submitted  in  accordance  with  paragraph  1,  points  (a)  and  (b),  ESMA 
shall develop draft implementing technical standards to specify: 

(a) 

any other metadata to accompany the information ; 

(b) 

the structuring of data in the information ; 

(c) 

for  which  information  a  machine-readable  format  is  required  and  which 
machine-readable format is to be used. 

Before developing the draft implementing technical standards, ESMA shall carry out 
a  cost-benefit  analysis.  For  the  purposes  of  point  (c),  ESMA  shall  assess  the 
advantages  and  disadvantages  of  different  machine-readable  formats  and  conduct 
appropriate field tests. 

ESMA shall submit those draft implementing technical standards to the Commission. 

Power is conferred on the Commission to adopt the implementing technical standards 
referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) 
No 1095/2010. 

________________ 

*  Regulation  (EU)  XX/XXXX  of  the  European  Parliament  and  of  the  Council 
establishing a European Single Access Point (ESAP) providing centralised access to 
information that is publicly available in relation to financial services, capital markets 
and sustainability (OJ L [...], […], p. […]). 

** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 
June  2019  on  open  data  and  the  re-use  of  public  sector  information  (OJ  L  172, 
26.6.2019, p. 56). 

EN 

18 

  EN 

*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 
23 July 2014 on electronic identification and trust services for electronic transactions 
in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 
73).’ 

Article 6 
Amendment to Directive 2009/65/EC  

In Directive 2009/65/EC, the following Section IV, Article 82a is inserted in Chapter IX: 

Accessibility of information on the European Single Access Point (ESAP) 

‘Section IV 

Article 82a 

1. 

From  1  January  2026,  Member  States  shall  ensure  that,  when  making  public  any 
information    pursuant  to  Article  68(1),  Article  76,  Article  78(1)  of  this  Directive, 
UCITS  submit that  information  at  the  same  time  to the  relevant  collection  body 
referred  to  in  paragraph  3  of  this  Article  on  for  accessibility  on  ESAP established 
under Regulation  (EU)  XX/XXXX  [ESAP  Regulation]  of  the  European  Parliament 
and of the Council*.  

That information  shall comply with all of the following requirements: 

(a) 

the  information  shall  be  prepared  in  a  data  extractable  format  as  defined  in 
Article  2,  point  (3),  of  Regulation  (EU)  XX/XXXX  [ESAP  Regulation]  or, 
where  required under Union  law, in a machine-readable format,  as  defined in 
Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament 
and of the Council**; 

(b) 

the information  shall be accompanied by all the following metadata: 

(i) 

all the names of the UCITS to which the information relates; 

(ii) 

(iii) 

(iv) 

(v) 

the legal  entity identifier of the  UCITS, as specified  pursuant  to Article 
7(4) of Regulation (EU) XX/XXXX [ESAP Regulation]; 

the size of the UCITS by category, as specified pursuant to Article 7(4) 
of Regulation (EU) XX/XXXX [ESAP Regulation]; 

the  type  of  information,  as  classified  pursuant  to  Article  7(4)  of 
Regulation (EU) XX/XXXX [ESAP Regulation]; 

the  specific  period  for  which  the  information  is  to  be  made  publicly 
available on ESAP, where relevant. 

(c) 

the information  shall be accompanied by a qualified electronic seal as defined 
in  Article  3,  point  (27),  of  Regulation  (EU)  No  910/2014  of  the  European 
Parliament and of the Council***. 

2. 

3. 

For  the  purposes  of  paragraph  1(b)(ii),  Member  States  shall  ensure  that  UCITS 
acquire the legal entity identifier as specified pursuant to Article 7(4) of Regulation 
(EU) XX/XXXX [ESAP Regulation]. 

For  the  purposes  of  making  accessible  on  ESAP  the  information  referred  to  in 
paragraph 1, the collection body as defined in Article 2, point (2), of Regulation (EU) 
XX/XXXX [ESAP Regulation] shall be ESMA.  

EN 

19 

  EN 

From  1  January  2026,  for  the  purposes  of  making  accessible  on  ESAP  the 
information  referred  to  in  Article  6(1),  the  collection  body  as  defined  in  Article  2, 
point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be ESMA.  That 
information  shall  be  prepared  in  a  data  extractable  format  as  defined  in  Article  2, 
point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the names and, 
where  available,  the  legal  entity  identifier  of  the  UCITS,  as  specified  pursuant  to 
Article  7(4)  of  that  Regulation,  and  include  the  type  of  information  as  classified 
pursuant to Article 7(4) of that Regulation.  

From  1  January  2026,  for  the  purposes  of  making  accessible  on  ESAP  the 
information referred to in Article 99b(1), the collection body as defined in Article 2, 
point  (2),  of  the  Regulation  (EU)  XX/XXXX  [ESAP  Regulation]  shall  be  the 
national competent authority. That information shall be prepared in a data extractable 
format as defined in Article 2, point (3), of the Regulation (EU) XX/XXXX [ESAP 
Regulation], include the names and, where available, the legal entity identifier of the 
UCITS, as specified pursuant to Article 7(4) of that Regulation, and include the type 
of information as classified pursuant to Article 7(4) of that Regulation.  

4. 

For  the  purposes  of  ensuring  an  efficient  collection  and  administration  of  data 
submitted  in  accordance  with  paragraph  1,  points  (a)  and  (b),  ESMA  shall  develop 
draft implementing technical standards to specify: 

(a) 

any other metadata to accompany the information ; 

(b) 

the structuring of data in the information ; 

(c) 

for  which  information  a  machine-readable  format  is  required  and  which 
machine-readable format is to be used. 

Before developing the draft implementing technical standards, ESMA shall carry out 
a  cost-benefit  analysis.  For  the  purposes  of  point  (c),  ESMA  shall  assess  the 
advantages  and  disadvantages  of  different  machine-readable  formats  and  conduct 
appropriate field tests. 

ESMA shall submit those draft implementing technical standards to the Commission.  

Power is conferred on the Commission to adopt the implementing technical standards 
referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) 
No 1095/2010. 

________________ 

*  Regulation  (EU)  XX/XXXX  of  the  European  Parliament  and  of  the  Council 
establishing a European Single Access Point (ESAP) providing centralised access to 
information that is publicly available in relation to financial services, capital markets 
and sustainability (OJ L [...], […], p. […]). 

** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 
June  2019  on  open  data  and  the  re-use  of  public  sector  information  (OJ  L  172, 
26.6.2019, p. 56). 

*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 
23 July 2014 on electronic identification and trust services for electronic transactions 
in the internal market and repealing Directive 1999/93/EC  (OJ L 257, 28.8.2014, p. 
73).’ 

EN 

20 

  EN 

Article7 
Amendment to Directive 2009/138/EC 

In Directive 2009/138/EC, the following Article 304b is inserted: 

‘Article 304b 

Accessibility of information on the European Single Access Point (ESAP) 

1. 

From  1  January  2026,  Member  States  shall  ensure  that,  when  making  public  any 
information pursuant to Article 51(1) and Article 256(1) of this Directive, insurance 
or reinsurance undertakings submit at the same time that information to the relevant 
collection  body  referred  to  in  paragraph  3  of  this  Article  for  accessibility  on 
ESAP established  under Regulation  (EU)  XX/XXXX[ESAP  Regulation]  of  the 
European Parliament and of the Council*.  

That information shall comply with all of the following requirements: 

(a) 

the  information  shall  be  prepared  in  a  data  extractable  format  as  defined  in 
Article  2,  point  (3),  of  Regulation  (EU)  XX/XXXX  [ESAP  Regulation]  or, 
where  required under Union  law, in  a machine-readable format,  as defined in 
Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament 
and of the Council**; 

(b) 

the information  shall be accompanied by all the following metadata: 

(i) 

(ii) 

(iii) 

(iv) 

(v) 

all  the  names  of  the  insurance  or  reinsurance  undertaking  to  which  the 
information relates; 

the legal entity identifier of the insurance or reinsurance undertaking, as 
specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP 
Regulation]; 

the  size  of  the  insurance  or  reinsurance  undertaking  by  category,  as 
specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP 
Regulation]; 

the  type  of  information,  as  classified  pursuant  to  Article  7(4)  of 
Regulation (EU) XX/XXXX [ESAP Regulation]; 

the  specific  period  for  which  the  information  is  to  be  made  publicly 
available on ESAP, where relevant. 

2. 

3. 

(c) 

the information  shall be accompanied by a qualified electronic seal as defined 
in  Article  3,  point  (27),  of  Regulation  (EU)  No  910/2014  of  the  European 
Parliament and of the Council *** 

For  the  purposes  of  paragraph  1,  point  (b)(ii),  Member  States  shall  ensure  that 
insurances  or  reinsurances  acquire  a  legal  entity  identifier  as  specified  pursuant  to 
Article 7(4) of the Regulation (EU) XX/XXXX [ESAP Regulation]. 

By  31  December  2025,  for  the  purposes  of  making  accessible  on  ESAP  the 
information referred to under paragraph 1, Member States shall designate one of the 
officially  appointed  mechanisms  referred  to  in  Article  21,  point  (2)  of  Directive 
2004/109/EC  as  the  collection  body  defined  in  Article  2,  point  (2),  of  Regulation 
(EU) XX/XXXX [ESAP Regulation] and notify ESMA thereof. 

From  1  January  2026,  for  the  purposes  of  making  accessible  on  ESAP  the 
information  referred  to  in  Article  25a  and  Article  52(2)  of  this  Directive,  the 
collection  body  as  defined  in  Article  2,  point  (2),  of  Regulation  (EU)  XX/XXXX 

EN 

21 

  EN 

[ESAP  Regulation]  shall  be  EIOPA.  That  information  shall  be  prepared  in  a  data 
extractable format as defined in Article 2, point (3), of Regulation (EU) XX/XXXX 
[ESAP  Regulation],  include  the  names  and,  where  available,  the  legal  entity 
identifier of the insurance or reinsurance undertaking, as specified pursuant to Article 
7(4) of that Regulation and the type of information as classified pursuant to Article 
7(4) of that Regulation.  

From  1  January  2026,  for  the  purposes  of  making  accessible  on  ESAP  the 
information  referred  to  in  Article  271(1)  and  Article  280(1)  of  this  Directive,  the 
collection  body  as  defined  in  Article  2,  point  (2),  of  Regulation  (EU)  XX/XXXX 
[ESAP  Regulation]  shall  be  the  competent  authority.  That  information  shall  be 
prepared in a data extractable format as defined in Article 2, point (3), of Regulation 
(EU)  XX/XXXX  [ESAP  Regulation],  include  the  names  and,  where  available,  the 
legal  entity  identifier  of  the  insurance  or  reinsurance  undertaking,  as  specified 
pursuant to Article 7(4) of that Regulation and the type of information as classified 
pursuant to Article 7(4) of that Regulation.  

4. 

For  the  purposes  of  ensuring  an  efficient  collection  and  administration  of  data 
submitted in accordance with paragraph 1, points (a) and (b), EIOPA shall develop 
draft implementing technical standards to specify: 

(a) 

any other metadata to accompany the information ; 

(b) 

the structuring of data in the information ; 

(c) 

for  which  information  a  machine-readable  format  is  required  and  which 
machine-readable format is to be used. 

Before developing the draft implementing technical standards, EIOPA shall carry out 
a  cost-benefit  analysis.  For  the  purposes  of  point  (c),  EIOPA  shall  assess  the 
advantages  and  disadvantages  of  different  machine-readable  formats  and  conduct 
appropriate field tests.  

EIOPA  shall  submit 
Commission.  

those  draft 

implementing 

technical  standards 

to 

the 

Power is conferred on the Commission to adopt the implementing technical standards 
referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) 
No 1095/2010. 

________________ 

*  Regulation  (EU)  XX/XXXX  of  the  European  Parliament  and  of  the  Council 
establishing a European Single Access Point (ESAP) providing centralised access to 
information that is publicly available in relation to financial services, capital markets 
and sustainability (OJ L [...], […], p. […]). 

** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 
June  2019  on  open  data  and  the  re-use  of  public  sector  information  (OJ  L  172, 
26.6.2019, p. 56). 

*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 
23 July 2014 on electronic identification and trust services for electronic transactions 
in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 
73).’ 

EN 

22 

  EN 

 
Article 8 
Amendment to Directive 2011/61/EU 

In Directive 2011/61/EU, the following Article 69b is inserted: 

‘Article 69b 

1. 

2. 

Accessibility of information on the European Single Access Point (ESAP) 

From  1  January  2026,  Member  States  shall  ensure  that,  when  making  public  the 
information pursuant to Article 7(5) of this Directive, competent authorities submit at 
the same time that information to the collection body defined in paragraph 2 of this 
Article  for  accessibility  on  ESAP established  under Regulation  (EU)  XX/XXXX 
[ESAP Regulation] of the European Parliament and of the Council*. 

For  the  purposes  of  paragraph  1,  the  collection  body  as  defined  in  Article  2,  point 
(2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be ESMA. 

From 1 January 2026, that information shall be prepared in a data extractable format 
as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], 
include names and – where available - the legal entity identifier of the AIFM and the 
list  of  AIFs  managed  or  marketed  as  specified  pursuant  to  Article  7(4)  of  that 
Regulation, and the type of information as specified pursuant to Article 7(4) of that 
Regulation. ________________ 

*  Regulation  (EU)  XX/XXXX  of  the  European  Parliament  and  of  the  Council 
establishing a European Single Access Point (ESAP) providing centralised access to 
information that is publicly available in relation to financial services, capital markets 
and sustainability (OJ L [...], […], p. […]).’ 

Article 9 
Amendment to Directive 2013/34/EU  

In Directive 2013/34/EU, the following Article 33a is inserted: 

‘Article 33a 

1. 

Accessibility of information on the European Single Access Point (ESAP) 

From 1 January 2025, Member States shall ensure that, when making public the duly 
approved  annual  financial  statements,  management  report,  consolidated  financial 
statements, consolidated management report, audit report and the report on payments 
to  governments  pursuant  to  Article  30  and  Article  42  of  this  Directive,  the 
undertakings  referred  to  in  Article  19a  and  Article  29a  submit  that  duly  approved 
annual  financial  statements,  management  report,  consolidated  financial  statements, 
consolidated  management  report,  audit  report  and  the  report  on  payments  to 
governments to the collection body referred to in paragraph 3 of this Article in order 
to  make  that  information  accessible  on  ESAP established  under Regulation  (EU) 
XX/XXXX[ESAP Regulation] of the European Parliament and of the Council*.  

That information shall comply with all of the following requirements: 

(a) 

the  information    shall  be  prepared  in  a  data  extractable  format  as  defined  in 
Article  2,  point  (3),  of  Regulation  (EU)  XX/XXXX  [ESAP  Regulation]  or, 
where  required under Union  law, in a machine-readable format,  as  defined in 
Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament 
and of the Council**; 

EN 

23 

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(b) 

the information  shall be accompanied by all the following metadata  

(i) 

all the names of the undertaking to which the information relates; 

(ii) 

(iii) 

(iv) 

(v) 

the  legal  entity  identifier  of  the  undertaking,  as  specified  pursuant  to 
Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation]; 

the size of the  undertaking by category, as specified  pursuant  to Article 
7(4) of Regulation (EU) XX/XXXX [ESAP Regulation]; 

the  type  of  information,  as  classified  pursuant  to  Article  7(4)  of 
Regulation (EU) XX/XXXX [ESAP Regulation]; 

the  specific  period  for  which  the  information  is  to  be  made  publicly 
available on ESAP, where relevant. 

(c)  For  the  purposes  of  paragraph  1(b)(ii),  undertakings  shall  acquire  the  legal 
entity  identifier  as  specified  pursuant  to  Article  7(4)  of  the  Regulation  (EU) 
XX/XXXX [ESAP Regulation] and the type of information. 

By  31  December  2024,  for  the  purposes  of  paragraph  1,  Member  States  shall 
designate one of the officially appointed mechanisms referred to in Article 21, point 
(2) of Directive 2004/109/EC as the collection body defined in Article 2, point (2), of 
Regulation (EU) XX/XXXX [ESAP Regulation] and notify ESMA thereof. 

For  the  purposes  of  ensuring  an  efficient  collection  and  administration  of  data 
submitted in accordance with paragraph 1, points (a) and (b),  the Commission shall 
be empowered to adopt implementing measures to specify: 

2. 

3. 

(a) 

any other metadata to accompany the information ; 

(b) 

the structuring of data in the information ; 

(c) 

for  which  information  a  machine-readable  format  is  required  and  which 
machine-readable format is to be used. 

________________ 

*  Regulation  (EU)  XX/XXXX  of  the  European  Parliament  and  of  the  Council 
establishing a European Single Access Point (ESAP) providing centralised access to 
information that is publicly available in relation to financial services, capital markets 
and sustainability (OJ L [...], […], p. […]). 

** Directive (EU) 2019/1024  of the European Parliament and of the Council of 20 
June  2019  on  open  data  and  the  re-use  of  public  sector  information  (OJ  L  172, 
26.6.2019, p. 56).’ 

Article 10 
Amendment to Directive 2013/36/EU  

In Directive 2013/36/EU, the following Article 116a is inserted: 

‘Article 116a 

Accessibility of information on the European Single Access Point (ESAP) 

1. 

EN 

From  1  January  2026,  Member  States  shall  ensure  that,  when  making  public  any 
information    pursuant  to  Article  68  and  Article  131(12)  of  this  Directive,  the 
institutions submit at the same that information to the collection body referred to in 
for  accessibility  on  ESAP established 
paragraph  3  of 

this  Article 

time 

24 

  EN 

under Regulation  (EU)  XX/XXXX[ESAP  Regulation]  of  the  European  Parliament 
and of the Council*.  

That information  shall comply with all of the following requirements: 

(a) 

the  information    shall  be  prepared  in  a  data  extractable  format  as  defined  in 
Article  2,  point  (3),  of  Regulation  (EU)  XX/XXXX  [ESAP  Regulation]  or, 
where  required under Union  law, in a machine-readable format,  as  defined in 
Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament 
and of the Council**; 

(b) 

the information  shall be accompanied by all the following metadata: 

(i) 

(ii) 

(iii) 

(iv) 

(v) 

all  the  names  of  the  institution  submitting  to  which  the  information 
relates; 

the  legal  entity  identifier  of  the  institution,  as  specified  pursuant  to 
Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation]; 

the  size  of  the  institution  by  category  ,  as  specified  pursuant  to  Article 
7(4) of Regulation (EU) XX/XXXX [ESAP Regulation]; 

the  type  of  information,  as  classified  pursuant  to  Article  7(4)  of 
Regulation (EU) XX/XXXX [ESAP Regulation]; 

the  specific  period  for  which  the  information  is  to  be  made  publicly 
available on ESAP, where relevant. 

2. 

3. 

4. 

For  the  purposes  of  paragraph  1(b)(ii),  Member  States  shall  ensure  that  institutions 
acquire a legal entity identifier as specified pursuant to Article 7(4) of the Regulation 
(EU) XX/XXXX [ESAP Regulation]. 

For  the  purposes  of  making  accessible  on  ESAP  the  information  referred  to  in 
paragraph 1, the collection body defined in Article 2, point (2), of Regulation (EU) 
XX/XXXX [ESAP Regulation] shall be the competent authority. 

For  the  purposes  of  paragraph  1,  points  (a)  and  (b),  EBA  shall  develop  draft 
implementing technical standards to specify: 

(a) 

any metadata to accompany the information ; 

(b) 

the structuring of data in the information ; 

(c) 

for  which  information  a  machine-readable  format  is  required  and  which 
machine-readable format is to be used. 

For the purposes of point (c), EBA shall assess the advantages and disadvantages of 
different machine-readable formats and conduct appropriate field tests.  

EBA shall submit those draft implementing technical standards to the Commission. 

Power is conferred on the Commission to adopt the implementing technical standards 
referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) 
No 1095/2010. 

__________ 

*  Regulation  (EU)  XX/XXXX  of  the  European  Parliament  and  of  the  Council 
establishing a European Single Access Point (ESAP) providing centralised access to 
information that is publicly available in relation to financial services, capital markets 
and sustainability (OJ L [...], […], p. […]). 

EN 

25 

  EN 

** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 
June  2019  on  open  data  and  the  re-use  of  public  sector  information  (OJ  L  172, 
26.6.2019, p. 56).’ 

Article 11 
Amendment to Directive 2014/59/EU  

In Directive 2014/59/EU, the following Article 128a is inserted: 

‘Article 128a 

Accessibility of information on the European Single Access Point (ESAP) 

1. 

From  1  January  2026,  Member  States  shall  ensure  that,  when  making  public  any 
information    pursuant  to  Article  26(1),  Article  29(1),  Article  33a(8),  Article  35(1), 
Article  45i(3),  Article  83(4),  Article  111(2)  point  (a),  and  Article  112(1)  of  this 
Directive,  the  relevant  entities  submit  to the  relevant  collection  body  referred  to  in 
paragraph 3 at the same time for accessibility on ESAP established under Regulation 
(EU) XX/XXXX[ESAP Regulation] of the European Parliament and of the Council*.  

That information shall comply with all of the following requirements: 

(a) 

the  information  shall  be  prepared  in  a  data  extractable  format  as  defined  in 
Article  2,  point  (3),  of  Regulation  (EU)  XX/XXXX  [ESAP  Regulation]  or, 
where  required under Union  law, in  a machine-readable format,  as defined  in 
Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament 
and of the Council**; 

(b) 

the information  shall be accompanied by all of the following metadata: 

(i) 

(ii) 

(iii) 

(iv) 

(v) 

all the names of the  relevant entity submitting to which the information 
relates; 

the  legal  entity  identifier  of  the  relevant  entity,  as  specified  pursuant  to 
Article 7(4) of Regulation (EU) XX/XXXX  [ESAP Regulation]; 

the size of the relevant entity by category, as specified pursuant to Article 
7(4) of Regulation (EU) XX/XXXX  [ESAP Regulation]; 

the  type  of  information,  as  classified  pursuant  to  Article  7(4)  of 
Regulation (EU) XX/XXXX  [ESAP Regulation]; 

the  specific  period  for  which  the  information  is  to  be  made  publicly 
available on ESAP, where relevant. 

2. 

3. 

(c) 

the information  shall be accompanied by a qualified electronic seal as defined 
in  Article  3,  point  (27),  of  Regulation  (EU)  No  910/2014  of  the  European 
Parliament and of the Council***. 

For  the  purposes  of  paragraph  1(b)(ii),  Member  States  shall  ensure  that  institutions 
acquire  a  legal  entity  identifier  as  specified  pursuant  to  Article  7(4)  of  Regulation 
(EU) XX/XXXX [ESAP Regulation]. 

By  31  December2025,  for  the  purposes  of  making  accessible  on  ESAP  the 
information  referred  to  in  paragraph  1,  Member  States  shall  designate  one  of  the 
officially  appointed  mechanisms  referred  to  in  Article  21,  point  (2)  of  Directive 
2004/109/EC  as  the  collection  body  defined  in  Article  2,  point  (2),  of  Regulation 
(EU) XX/XXXX [ESAP Regulation] and notify ESMA thereof. 

EN 

26 

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4. 

For  the  purposes  of  ensuring  an  efficient  collection  and  administration  of  data 
submitted  in  accordance  with  paragraph  1,  points  (a)  and  (b),  EBA  shall  develop 
draft implementing technical standards to specify: 

(a) 

any other metadata to accompany the information ; 

(b) 

the structuring of data in the information ; 

(c) 

for  which  information  a  machine-readable  format  is  required  and  which 
machine-readable format is to be used. 

Before developing the draft implementing technical standards, EBA shall carry out a 
cost-benefit analysis. For the purposes of point (c), EBA shall assess the advantages 
and  disadvantages  of  different  machine-readable  formats  and  conduct  appropriate 
field tests for that purpose. 

EBA shall submit those draft implementing technical standards to the Commission.  

Power is conferred on the Commission to adopt the implementing technical standards 
referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) 
No 1095/2010. 

________________ 

*  Regulation  (EU)  XX/XXXX  of  the  European  Parliament  and  of  the  Council 
establishing a European Single Access Point (ESAP) providing centralised access to 
information that is publicly available in relation to financial services, capital markets 
and sustainability (OJ L [...], […], p. […]). 

** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 
June  2019  on  open  data  and  the  re-use  of  public  sector  information  (OJ  L  172, 
26.6.2019, p. 56). 

*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 
23 July 2014 on electronic identification and trust services for electronic transactions 
in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 
73).’ 

Article 12 
Amendment to Directive 2014/65/EU  

In Directive 2014/65/E, the following Article 87a is inserted: 

‘Article 87a 

Accessibility of information on the European Single Access Point (ESAP) 

1. 

From  1  January  2026,  Member  States  shall  ensure  that,  when  making  public  any 
information  pursuant  to  Article  27(3),  Article  27(6),  ,  Article  33(3)  points  (c),  (d), 
and  (f),  and  Article  46(2)  of  this  Directive,  investment  firms  or  market  operators 
submit that information at the same time to the relevant collection body referred to in 
paragraph  3  of  this  Article  for  accessibility  on  ESAP established  under Regulation 
(EU) XX/XXXX[ESAP Regulation] of the European Parliament and of the Council*.  

That information shall comply with all of the following requirements: 

(a) 

the  information  shall  be  prepared  in  a  data  extractable  format  as  defined  in 
Article  2,  point  (3),  of  Regulation  (EU)  XX/XXXX  [ESAP  Regulation]  or, 
where  required under Union  law, in  a machine-readable format,  as defined in 

EN 

27 

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2. 

3. 

Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament 
and of the Council**; 

(b) 

the information shall be accompanied by all the following metadata: 

(i) 

(ii) 

(iii) 

(iv) 

(v) 

all  the  names  of  the  investment  firm  or  market  operator  to  which  the 
information relates; 

the  legal  entity  identifier  of  the  investment  firm  or  market  operator,  as 
specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP 
Regulation]; 

the  size  of  the  investment  firm  or  market  operator  by  category,  as 
specified pursuant to Article 7(4) of Regulation (EU) XX/XXXX [ESAP 
Regulation]; 

the  type  of  information,  as  classified  pursuant  to  Article  7(4)  of 
Regulation (EU) XX/XXXX [ESAP Regulation]; 

the  specific  period  for  which  the  information  is  to  be  made  publicly 
available on ESAP, where relevant. 

(c) 

the information  shall be accompanied by a qualified electronic seal as defined 
in  Article  3,  point  (27),  of  Regulation  (EU)  No  910/2014  of  the  European 
Parliament and of the Council***. 

For  the  purposes  of  paragraph  1,  point  (b)(ii),  Member  States  shall  ensure  that 
entities  acquire  a  legal  entity  identifier  as  specified  pursuant  to  Article  7(4)  of 
Regulation (EU) XX/XXXX [ESAP Regulation]. 

By  31  December  2025,  for  the  purposes  of  making  accessible  on  ESAP  the 
information  referred  to  in  paragraph  1  Member  States  shall  designate  one  of  the 
officially  appointed  mechanisms  referred  to  in  Article  21,  point  (2)  of  Directive 
2004/109/EC  as  the  collection  body  defined  in  Article  2,  point  (2),  of  Regulation 
(EU) XX/XXXX [ESAP Regulation] and notify ESMA thereof. 

From  1  January  2026,  for  the  purposes  of  making  accessible  on  ESAP  the 
information referred to in Article 71(1), Article 32(2) first subparagraph, and Article 
52(2),  the  collection  body  as  defined  in  Article  2,  point  (2),  of  Regulation  (EU) 
XX/XXXX  [ESAP  Regulation]  shall  be  the  national  competent  authority.  That 
information  shall  be  prepared  in  a  data  extractable  format  as  defined  in  Article  2, 
point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the names and, 
where available, the legal entity identifier of the investment firm or market operator 
as specified pursuant to Article 7(4) of that Regulation, and the type of information 
as classified pursuant to Article 7(4) of that Regulation. 

From  1  January  2026,  for  the  purposes  of  making  accessible  on  ESAP  the 
information referred to in Article 5(3), Article 18(10) fourth sentence, Article 58(1) 
point (a), and Article 59(3), the collection body as defined in Article 2, point (2), of 
Regulation  (EU)  XX/XXXX  [ESAP  Regulation]  shall  be  ESMA.  That  information 
shall  be  prepared  in  a  data  extractable  format  as  defined  in  Article  2,  point  (3),  of 
Regulation  (EU)  XX/XXXX  [ESAP  Regulation],  include  the  names  and,  where 
available,  the  legal  entity  identifier  of  the  investment  firm  or  market  operator  as 
specified pursuant to Article 7(4) of that Regulation, and the type of information as 
classified pursuant to Article 7(4) of that Regulation.  

EN 

28 

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From  1  January  2026,  for  the  purposes  of  making  accessible  on  ESAP  the 
information  referred to  in Article 29(3), the  collection body as  defined in  Article 2 
(2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be the public register. 
That information shall be prepared in a data extractable format as defined in Article 
2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the names 
and the legal entity identifier of the tied agent as specified pursuant to Article 7(4) of 
that Regulation, and the type of information as classified pursuant to Article 7(4) of 
that Regulation.  

4. 

For  the  purposes  of  ensuring  an  efficient  collection  and  administration  of  data 
submitted  in  accordance  with  paragraph  1,  points  (a)  and  (b),  ESMA  shall  develop 
draft implementing technical standards to specify: 

(a) 

any other metadata to accompany the information ; 

(b) 

the structuring of data in the information ; 

(c) 

for  which  information  a  machine-readable  format  is  required  and  which 
machine-readable format is to be used. 

Before developing the draft implementing technical standards, ESMA shall carry out 
a  cost-benefit  analysis.  For  the  purposes  of  point  (c),  ESMA  shall  assess  the 
advantages  and  disadvantages  of  different  machine-readable  formats  and  conduct 
appropriate field tests for that purpose. 

ESMA shall submit those draft implementing technical standards to the Commission. 

Power is conferred on the Commission to adopt the implementing technical standards 
referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) 
No 1095/2010. 

________________ 

*  Regulation  (EU)  XX/XXXX  of  the  European  Parliament  and  of  the  Council 
establishing a European Single Access Point (ESAP) providing centralised access to 
information that is publicly available in relation to financial services, capital markets 
and sustainability (OJ L [...], […], p. […]). 

** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 
June  2019  on  open  data  and  the  re-use  of  public  sector  information  (OJ  L  172, 
26.6.2019, p. 56). 

*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 
23 July 2014 on electronic identification and trust services for electronic transactions 
in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 
73).’ 

Article 13 
Amendment to Directive (EU) 2016/97  

In Directive (EU) 2016/97, the following article 40a is inserted: 

‘Article 40a 

Accessibility of information on the European Single Access Point (ESAP) 

From  1  January  2026,  for  the  purposes  of  making  accessible  on  ESAP  the 
information  referred  to  in  Article  32(1)  and  Article  32(2)  of  this  Directive,  the 
collection  body  as  defined  in  Article  2,  point  (2),  of  Regulation  (EU)  XX/XXXX 

EN 

29 

  EN 

[ESAP  Regulation]  shall  be  the  competent  authority.  That  information  shall  be 
prepared in a data extractable format as defined in Article 2, point (3), of Regulation 
(EU) XX/XXXX [ESAP  Regulation], include the  name and  - where  available  - the 
legal  entity  identifier  of  the  entity  as  specified  pursuant  to  Article  7(4)  of  that 
Regulation, and the type of information as classified pursuant to Article 7(4) of that 
Regulation.  

_______________ 

*  Regulation  (EU)  XX/XXXX  of  the  European  Parliament  and  of  the  Council 
establishing a European Single Access Point (ESAP) providing centralised access to 
information that is publicly available in relation to financial services, capital markets 
and sustainability (OJ L [...], […], p. […]).’ 

Article 14 
Amendment to Directive (EU) 2016/2341 

In Directive (EU) 2016/2341, the following Article 63a is inserted: 

‘Article 63a 

Accessibility of information on the European Single Access Point (ESAP) 

1. 

From  1  January  2026,  Member  States  shall  ensure  that,  when  making  public  any 
information pursuant to Article 23 (2) and Article 29 of this Directive, IORP submit 
at  the  same  time  that  information  to the  relevant  collection  body  referred  to  in 
paragraph  3  of  this  Article  for  accessibility on  ESAP established  under Regulation 
(EU) XX/XXXX[ESAP Regulation] of the European Parliament and of the Council*.  

That information shall comply with all of the following requirements: 

(a) 

the  information  shall  be  prepared  in  a  data  extractable  format  as  defined  in 
Article  2,  point  (3),  of  Regulation  (EU)  XX/XXXX  [ESAP  Regulation]  or, 
where  required under Union  law, in  a machine-readable format,  as defined  in 
Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament 
and of the Council**; 

(b) 

the information  shall be accompanied by all the following metadata: 

(i) 

all the names of the IORP to which the information relates; 

(ii) 

(iii) 

(iv) 

(v) 

the  legal  entity  identifier  of  the  IORP,  as  specified  pursuant  to  Article 
7(4) of Regulation (EU) XX/XXXX [ESAP Regulation]; 

the size of the IORP by category, as specified pursuant to Article 7(4) of 
Regulation (EU) XX/XXXX [ESAP Regulation]; 

the  type  of  information,  as  classified  pursuant  to  Article  7(4)  of 
Regulation (EU) XX/XXXX [ESAP Regulation]; 

the  specific  period  for  which  the  information  is  to  be  made  publicly 
available on ESAP, where relevant. 

(c) 

the information  shall be accompanied by a qualified electronic seal as defined 
in  in  Article  3,  point  (27),  of  Regulation  (EU)  No  910/2014  of  the  European 
Parliament and of the Council***. 

EN 

30 

  EN 

 
2. 

3. 

For the purposes of paragraph 1(b)(ii), Member States shall ensure that IORP acquire 
a legal entity identifier as specified pursuant to Article 7(4) of the Regulation (EU) 
XX/XXXX [ESAP Regulation]. 

By  31  December  2025,  for  the  purposes  of  making  accessible  on  ESAP  the 
information  referred  to  in  paragraph  1,  Member  States  shall  designate  one  of  the 
officially  appointed  mechanisms  referred  to  in  Article  21,  point  (2)  of  Directive 
2004/109/EC  as  the  collection  body  defined  in  Article  2,  point  (2),  of  Regulation 
(EU) XX/XXXX [ESAP Regulation] and notify ESMA thereof. 

From  1  January  2026,  for  the  purposes  of  making  accessible  on  ESAP  the 
information  referred  to  in  Article  30  and  48(4),  the  collection  body  as  defined  in 
Article 2, point (2), of Regulation (EU) XX/XXXX [ESAP Regulation] shall be the 
competent authority. That information shall be prepared in a data extractable format 
as defined in Article 2, point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], 
include the names and the legal entity identifier of the investment firm as specified 
pursuant to Article 7(4) of that Regulation, and the type of information as classified 
pursuant to Article 7(4) of that Regulation.  

4. 

For  the  purposes  of  ensuring  an  efficient  collection  and  administration  of  data 
submitted in accordance with paragraph 1, points (a) and (b), EIOPA shall develop 
draft implementing technical standards to specify: 

(a) 

any other metadata to accompany the information ; 

(b) 

the structuring of data in the information ; 

(c) 

for  which  information  a  machine-readable  format  is  required  and  which 
machine-readable format is to be used. 

Before developing the draft implementing technical standards, EIOPA shall carry out 
a  cost-benefit  analysis.  For  the  purposes  of  point  (c),  EIOPA  shall  assess  the 
advantages  and  disadvantages  of  different  machine-readable  formats  and  conduct 
appropriate field tests.  

EIOPA  shall  submit 
Commission.  

those  draft 

implementing 

technical  standards 

to 

the 

Power is conferred on the Commission to adopt the implementing technical standards 
referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) 
No 1095/2010. 

________________ 

*  Regulation  (EU)  XX/XXXX  of  the  European  Parliament  and  of  the  Council 
establishing a European Single Access Point (ESAP) providing centralised access to 
information that is publicly available in relation to financial services, capital markets 
and sustainability (OJ L [...], […], p. […]). 

** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 
June  2019  on  open  data  and  the  re-use  of  public  sector  information  (OJ  L  172, 
26.6.2019, p. 56). 

*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 
23 July 2014 on electronic identification and trust services for electronic transactions 
in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 
73).’ 

EN 

31 

  EN 

Article 15 
Amendment to Directive (EU) 2019/2034 

In Directive (EU) 2019/2034, the following Article 44a is inserted: 

‘Article 44a 

Accessibility of information on the European Single Access Point (ESAP) 

1. 

From  1  January  2026,  Member  States  shall  ensure  that,  when  making  public  any 
information    pursuant  to  Article  44  of  this  Directive,  investment  firms  submit that 
information at the same time to the relevant collection body referred to in paragraph 
3  of  this  Article  for  accessibility  on  ESAP established  under Regulation  (EU) 
XX/XXXX[ESAP Regulation] of the European Parliament and of the Council*.  

That information shall comply with all of the following requirements: 

(a) 

the  information  shall  be  prepared  in  a  data  extractable  format  as  defined  in 
Article  2,  point  (3),  of  Regulation  (EU)  XX/XXXX  [ESAP  Regulation]  or, 
where  required under Union  law, in  a machine-readable format,  as defined  in 
Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament 
and of the Council**; 

(b) 

the information  shall be accompanied by all the following metadata: 

(i) 

all the names of the investment firm to which the information relates; 

(ii) 

(iii) 

(iv) 

(v) 

the legal entity identifier of the investment firm, as specified pursuant to 
Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation]; 

the  size  of  the  investment  firm  by  category,  as  specified  pursuant  to 
Article 7(4) of Regulation (EU) XX/XXXX [ESAP Regulation]; 

the  type  of  information,  as  classified  pursuant  to  Article  7(4)  of 
Regulation (EU) XX/XXXX [ESAP Regulation];  

the  specific  period  for  which  the  information  is  to  be  made  publicly 
available on ESAP, where relevant. 

(c) 

the information  shall be accompanied by a qualified electronic seal as defined 
in  Article  3,  point  (27),  of  Regulation  (EU)  No  910/2014  of  the  European 
Parliament and of the Council***. 

For  the  purposes  of  paragraph  1(b)(ii),  Member  States  shall  ensure  that  investment 
firms  acquire  a  legal  entity  identifier  as  specified  pursuant  to  Article  7(4)  of  the 
Regulation (EU) XX/XXXX [ESAP Regulation].  

By  31  December  2025,  for  the  purposes  of  making  accessible  on  ESAP  the 
information  referred  to  in  paragraph  1,  Member  States  shall  designate  one  of  the 
officially  appointed  mechanisms  referred  to  in  Article  21,  point  (2)  of  Directive 
2004/109/EC as the collection body as defined in Article 2, point (2), of Regulation 
(EU) XX/XXXX [ESAP Regulation] and notify ESMA thereof. 

From  1  January  2026,  for  the  purposes  of  making  accessible  on  ESAP  the 
information  referred  to  in  Article  20,  the  collection  body  as  defined  in  Article  2, 
point  (2),  of  Regulation  (EU)  XX/XXXX  [ESAP  Regulation]  shall  be  EBA.  That 
information  shall  be  prepared  in  a  data  extractable  format  as  defined  in  Article  2, 
point (3), of Regulation (EU) XX/XXXX [ESAP Regulation], include the names and 
the legal entity identifier of the investment firm as specified pursuant to Article 7(4) 

2. 

3. 

EN 

32 

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of that Regulation, and the type of information as classified pursuant to Article 7(4) 
of that Regulation.  

4. 

For the purposes of paragraph 1, points (a) and (b), EBA in  close cooperation with 
ESMA and EIOPA shall develop draft implementing technical standards to specify: 

(a) 

any other metadata to accompany the information ; 

(b) 

the structuring of data in the information ; 

(c) 

for  which  information  a  machine-readable  format  is  required  and  which 
machine-readable format is to be used. 

For  the  purposes  of  point  (c),  EBA,  in  close  cooperation  with  ESMA  and  EIOPA, 
shall assess the advantages and disadvantages of different machine-readable formats 
and conduct appropriate field tests for that purpose. 

EBA shall submit those draft implementing technical standards to the Commission. 

Power is conferred on the Commission to adopt the implementing technical standards 
referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) 
No 1095/2010. 

________________ 

*  Regulation  (EU)  XX/XXXX  of  the  European  Parliament  and  of  the  Council 
establishing a European Single Access Point (ESAP) providing centralised access to 
information that is publicly available in relation to financial services, capital markets 
and  sustainability  (OJ  L  [...],  […],  p.  […]).**  Directive  (EU)  2019/1024  of  the 
European Parliament and of the Council of 20 June 2019 on open data and the re-use 
of public sector information (OJ L 172, 26.6.2019, p. 56–83). 

** Directive (EU) 2019/1024 of the European Parliament and of the Council of 20 
June  2019  on  open  data  and  the  re-use  of  public  sector  information  (OJ  L  172, 
26.6.2019, p. 56). 

*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 
23 July 2014 on electronic identification and trust services for electronic transactions 
in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 
73).’ 

Article 16 
Amendment to Directive (EU) 2019/2162 

In Directive (EU) 2019/2162, the following Article 29a is inserted: 

‘Article 29a 

Accessibility of information on the European Single Access Point (ESAP) 

1. 

From  1  January  2026,  Member  State  shall  ensure  that,  when  making  public  any 
information  pursuant  to  Article  14  of  this  Directive,  credit  institutions  permitted  to 
issue  covered  bonds  submit that  information  at  the  same  time  to the  relevant 
collection  body  referred  to  in  paragraph  3  of  this  Article for  accessibility  on 
ESAP established pursuant to Regulation (EU) XX/XXXX[ESAP Regulation] of the 
European Parliament and of the Council*.  

That information shall comply with all of the following requirements: 

EN 

33 

  EN 

(a) 

the  information    shall  be  prepared  in  a  data  extractable  format  as  defined  in 
Article  2,  point  (3),  of  Regulation  (EU)  XX/XXXX  [ESAP  Regulation]  or, 
where required under Union  law, in  a machine-readable format,  as defined in 
Article 2, point (13), of Directive (EU) 2019/1024 of the European Parliament 
and of the Council**; 

(b) 

the information  shall be accompanied by all the following metadata: 

(i) 

(ii) 

(iii) 

(iv) 

(v) 

all the names of the credit institution permitted to issue covered bonds to 
which the information relates; 

the  legal  entity  identifier  of  the  credit  institutions  permitted  to  issue 
covered bonds, as specified pursuant to Article 7(4) of Regulation (EU) 
XX/XXXX [ESAP Regulation]; 

the  size  of  the  credit  institutions  permitted  to  issue  covered  bonds  by 
category,  as  specified  pursuant  to  Article  7(4)  of  Regulation  (EU) 
XX/XXXX [ESAP Regulation]; 

the  type  of  information,  as  classified  pursuant  to  Article  7(4)  of 
Regulation (EU) XX/XXXX [ESAP Regulation]; 

the  specific  period  for  which  the  information  is  to  be  made  publicly 
available on EASAP, where relevant. 

(c) 

the information  shall be accompanied by a qualified electronic seal as defined 
in  Article  3,  point  (27),  of  Regulation  (EU)  No  910/2014  of  the  European 
Parliament and of the Council***. 

For  the  purposes  of  paragraph  1(b)(ii),  Member  States  shall  ensure  that  credit 
institutions  permitted  to  issue  covered  bonds  acquire  a  legal  entity  identifier  as 
specified  pursuant  to  Article  7(4)  of  the  Regulation  (EU)  XX/XXXX  [ESAP 
Regulation]. 

By  31  December  2025,  for  the  purposes  of  making  accessible  on  ESAP  the 
information  referred  to  in  paragraph  1,  Member  States  shall  designate  one  of  the 
officially  appointed  mechanisms  referred  to  in  Article  21,  point  (2)  of  Directive 
2004/109/EC  as  the  collection  body  defined  in  Article  2,  point  (2),  of  Regulation 
(EU) XX/XXXX [ESAP Regulation] and notify ESMA thereof. 

From  1  January  2026,  for  the  purposes  of  making  accessible  on  ESAP  the 
information referred to in Articles 24, Article 26(1), point (b) and Article 26(1), point 
(c),  the  collection  body  as  defined  in  Article  2,  point  (2),  of  Regulation  (EU) 
XX/XXXX  [ESAP  Regulation]  shall  be  the  competent  authority.  That  information 
shall  be  prepared  in  a  data  extractable  format  as  defined  in  Article  2,  point  (3),  of 
Regulation  (EU)  XX/XXXX  [ESAP  Regulation],  include  the  names  and  the  legal 
entity identifier of the credit institution permitted to issue covered bonds as specified 
pursuant to Article 7(4) of that Regulation, and the type of information as classified 
pursuant to Article 7(4) of that Regulation.  

2. 

3. 

4. 

For  the  purposes  of  ensuring  an  efficient  collection  and  administration  of  data 
submitted  in  accordance  with  paragraph  1,  points  (a)  and  (b),  EBA  shall  develop 
draft implementing technical standards to specify: 

(a) 

any other metadata to accompany the information; 

(b) 

the structuring of data in the information; 

EN 

34 

  EN 

(c) 

for  which  information  a  machine-readable  format  is  required  and  which 
machine-readable format is to be used. 

For the purposes of point (c), EBA shall assess the advantages and disadvantages of 
different machine-readable formats and conduct appropriate field tests.  

EBA shall submit those draft implementing technical standards to the Commission.  

Power is conferred on the Commission to adopt the implementing technical standards 
referred to in the first subparagraph in accordance with Article 15 of Regulation (EU) 
No 1095/2010. 

________________ 

*  Regulation  (EU)  XX/XXXX  of  the  European  Parliament  and  of  the  Council 
establishing a European Single Access Point (ESAP) providing centralised access to 
information that is publicly available in relation to financial services, capital markets 
and sustainability (OJ L [...], […], p. […]). 

** Directive (EU)  2019/1024 of the European Parliament and of the Council of 20 
June  2019  on  open  data  and  the  re-use  of  public  sector  information  (OJ  L  172, 
26.6.2019, p. 56). 

*** Regulation (EU) No 910/2014 of the European Parliament and of the Council of 
23 July 2014 on electronic identification and trust services for electronic transactions 
in the internal market and repealing Directive 1999/93/EC (OJ L 257, 28.8.2014, p. 
73).’ 

Article 17 
Transposition 

1. 

Member  States  shall  adopt  and  publish  by  [OP:  please  insert  12  months  following 
entry  into  force]  at  the  latest  the  laws,  regulations  and  administrative  provisions 
necessary  to  comply  with  this  Directive.  They  shall  forthwith  communicate  to  the 
Commission the text of those provisions. 

When  Member  States  adopt  those  provisions,  they  shall  contain  a  reference  to  this 
Directive  or  be  accompanied  by  such  a  reference  on  the  occasion  of  their  official 
publication. Member States shall determine how such reference is to be made. 

2. 

Member States shall communicate to the Commission the text of the main provisions 
of national law which they adopt in the field covered by this Directive. 

Article 18 
Entry into force 

This Directive shall enter into force on the twentieth day following that of its publication in 
the Official Journal of the European Union. 

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Article 19 
Addressees 

This Directive is addressed to the Member States. 

Done at Brussels, 

For the European Parliament 
The President 

For the Council 
The President 

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