Letter from Frank Elderson, Member of the Executive Board of the European Central Bank, to Simon Harris, Tánaiste and Minister for Finance, Irish Department of Finance, on a request for an ECB opinion on draft laws as regards the establishment and functioning of the European Single Access Point
Date: 2025-12-04
Institutions: European Central Bank
Subjects: legal basis

ECB-PUBLIC 

Frank Elderson  
Member of the Executive Board 

Mr Simon Harris TD 

Tánaiste and Minister for Finance 

Department of Finance  

Government Buildings, Upper Merrion Street  

Dublin 2, D02 R583 

IRELAND 

Frankfurt am Main, 4 December 2025 

Contact person: Marguerite O’Connell  

marguerite.connell@ecb.europa.eu 

tel.: +49 69 1344 8554 

Request  for  an  ECB  opinion  on  draft  laws  as  regards  the  establishment  and  functioning  of  the 

European Single Access Point 

Your reference: FIN-MO-06448-2025 

Dear Minister, 

I  refer  to  the  letter  of  Minister  Paschal  Donohoe  of  17  November  2025,  requesting  an  opinion  of  the 

European Central Bank (ECB) on draft laws as regards the establishment and functioning of the European 

Single  Access  Point  (ESAP),  notably  the  European  Union  (European  Single  Access  Point)  Regulations 
2025, the European Union (European Single Access Point) (No. 2) Regulations 2025 and the European 

Union (European Single Access Point) (No. 3) Regulations 2025 (hereinafter the ‘draft laws’). 

The  draft  laws  cover  the  transposition  into  Irish  law  of  Regulation  (EU)  2023/2859  of  the  European 

Parliament and of the Council1 (hereinafter the ‘establishing regulation’), Directive (EU) 2023/2864 of the 

European  Parliament  and  of  the  Council2  (hereinafter  the  ‘omnibus  directive’)  and  Regulation  (EU) 
2023/2869 of the European Parliament and of the Council3 (hereinafter the ‘omnibus regulation’).  

1  

2  

3  

Regulation  (EU)  2023/2859  of  the  European  Parliament  and  of  the  Council  of  13 December  2023  establishing  a 
European single access point providing centralised access to publicly available information of relevance to financial 
services, 
20.12.2023, 
sustainability 
ELI: http://data.europa.eu/eli/reg/2023/2859/oj). 

2023/2859, 

markets 

capital 

and 

(OJ 

L, 

Directive  (EU)  2023/2864  of  the  European  Parliament  and  of  the  Council  of  13  December  2023  amending  certain 
Directives  as  regards  the  establishment  and  functioning  of  the  European  single  access  point  (OJ  L,  2023/2864, 
20.12.2023, ELI: http://data.europa.eu/eli/dir/2023/2864/oj).  

Regulation (EU) 2023/2869 of the European Parliament and of the Council of 13 December 2023 amending certain 
Regulations  as  regards  the  establishment  and  functioning  of  the  European  single  access  point  (OJ  L,  2023/2869, 
20.12.2023, ELI: http://data.europa.eu/eli/reg/2023/2869/oj).  

 
 
 
 
 
 
 
ECB-PUBLIC 

The ECB understands that the draft laws amend four acts, including the Central Bank Act 1942, and 26 

statutory instruments, and that there will be several collection bodies in Ireland, including the Central Bank 

of Ireland (CBI). In this respect, the ECB understands that the CBI will carry out the function of a collection 

body in accordance with the relevant parts of the omnibus directive and the omnibus regulation based on 

its mandate as supervisory authority, resolution authority, and also in cases where the relevant sectoral 

legislation includes a national discretion to appoint a collection body, including as a collection body for the 

submission of voluntary information under the establishing regulation. 

Pursuant  to  Articles  127(4)  and  282(5)  of  the  Treaty  on  the  Functioning  of  the  European  Union,  in 
conjunction with Article 2(1), third indent, of Council Decision 98/415/EC4,  national authorities are required 

to consult the ECB on draft legislative provisions on national central banks (NCBs) in the European System 

of Central Banks, including the CBI. However, the ECB does not automatically adopt an opinion on draft 

national  legislation  that  relates  to  NCBs,  unless  the  draft  national  legislation:  (1)  impairs  the  NCB’s 

independence under Article 130 of the Treaty; (2) breaches the monetary financing prohibition under Article 

123  of  the  Treaty;  or  (3)  is  otherwise  of  non-marginal  importance  to  the  ECB’s  fields  of  competence. 

Following careful review of the draft laws it appears that the draft laws do not impair the CBI’s independence 

or breach the monetary financing prohibition, and that they are not otherwise of non-marginal importance 

to  the  ECB’s  fields  of  competence.  Consequently,  the  ECB  has  decided  not  to  adopt  an  opinion  in  the 

present case.  

The ECB appreciates that the draft laws have been sent to the ECB for consultation and remains confident 

that the Department of Finance will continue to consult the ECB on future draft legislative provisions that 

fall within the ECB’s fields of competence under the Treaty and Decision 98/415/EC. 

Yours sincerely, 

Cc:  Mr Gabriel Makhlouf, Governor, Central Bank of Ireland 

4  

Council Decision 98/415/EC of 29 June 1998 on the consultation of the European Central Bank by national authorities 
regarding draft legislative provisions (OJ L 189, 3.7.1998, p. 42, ELI: http://data.europa.eu/eli/dec/1998/415/oj).  

2