http://www.legislation.gov.uk/eur/2009/1060/annex/IV/division/II
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
2020-12-11
King's Printer of Acts of Parliament
https://webarchive.nationalarchives.gov.uk/eu-exit/https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02009R1060-20190101
text
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2019-01-01
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 2(2)(c)
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 53(b)(i)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 2(2)(d)
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 53(b)(ii)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 2(2)(d)(iv)
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 53(b)(iii)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 3(2)(a)
(b)
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 54(b)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
art. 4(1A)
(1B)
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 55(c)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 4(3)(b)
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 55(d)(i)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 4(3)(c)
(d)
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 55(d)(ii)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 4(3)(g)
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 55(d)(iii)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 4(3)(h)
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 55(d)(iv)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 5(1)(b)
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 56(a)(ii)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 5(1)(c)
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 56(a)(iii)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 5(1)(d)
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 56(a)(iv)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 5(4)(b)
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 56(d)(i)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 5(6)(c)
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 56(e)(iii)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 8(6)(aa)
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 62(a)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 8(7)(a)
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 62(b)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 18A
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 75
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Ch. 2 heading
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 78
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 21(4)(e)
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 79(e)(ii)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 21(4a)(a)
(b)
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 79(f)(ii)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Ch. 3 heading
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 86
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 35a(3)(b)
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 92(b)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Annex 1
s. C
para. 1
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 97(b)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Annex 1
s. D
Pt. 3
para. 3
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 97(c)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Annex 1
s. E
Pt. 3
para. 1
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 97(d)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Annex 1
s. E
Pt. 3
para. 8
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 97(e)(i)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Annex 1
s. E
Pt. 3
para. 8
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 97(e)(ii)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Annex 3 Pt. 1 point 10
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 99(b)(i)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Annex 3 Pt. 1 point 50
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 99(b)(ii)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Annex 3 Pt. 1 point 52
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 99(b)(iii)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Annex 3 Pt. 1 point 55
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 99(b)(iv)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Annex 3 Pt. 2 point 2
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 99(c)(i)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Annex 3 Pt. 2 point 3a
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 99(c)(i)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Annex 3 Pt. 2 point 3c
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 99(c)(i)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Annex 3 Pt. 2 point 5
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 99(c)(i)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Annex 3 Pt. 2 point 6
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 99(c)(i)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Annex 3 Pt. 2 point 7
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 99(c)(ii)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Annex 3 Pt. 2 point 8
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 99(c)(ii)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Annex 3 Pt. 3 point 4a
The Credit Rating Agencies (Amendment etc.) (EU Exit) Regulations 2019
reg. 99(d)
reg. 1(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 5(1)(b)
The Equivalence Determinations for Financial Services (Amendment etc.) (EU Exit) Regulations 2020
reg. 11(4)(a)
reg. 1(2)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 5(1)(c)
The Equivalence Determinations for Financial Services (Amendment etc.) (EU Exit) Regulations 2020
reg. 11(4)(a)
reg. 1(2)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 5(1)(c)
The Equivalence Determinations for Financial Services (Amendment etc.) (EU Exit) Regulations 2020
reg. 11(4)(a)
reg. 1(2)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 5(1)(d)
The Equivalence Determinations for Financial Services (Amendment etc.) (EU Exit) Regulations 2020
reg. 11(4)(a)
reg. 1(2)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 38(2)(a)
The Equivalence Determinations for Financial Services (Amendment etc.) (EU Exit) Regulations 2020
reg. 14(a)
reg. 1(2)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 38(2)(b)
The Equivalence Determinations for Financial Services (Amendment etc.) (EU Exit) Regulations 2020
reg. 14(b)
reg. 1(2)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Art. 38(2)(c)
The Equivalence Determinations for Financial Services (Amendment etc.) (EU Exit) Regulations 2020
reg. 14(c)
reg. 1(2)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
art. 4(1A)
(1B)
The Financial Services and Economic and Monetary Policy (Consequential Amendments) (EU Exit) Regulations 2020
reg. 3
Sch.
para. 16
reg. 1
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation
Financial Services and Markets Act 2023
s. 3 Sch. 1
Pt. 1
s. 86(3)
reg. 2(d)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation
Financial Services and Markets Act 2023
Sch. 1
Pt. 1
s. 1(4)
s. 86(3)
Regulation (EC) No 1060/2009 of the European Parliament and of the Council of 16 September 2009 on credit rating agencies (Text with EEA relevance)
Regulation
Financial Services Act 2021
s. 6
s. 49(5)
F1ANNEX IVList of the coefficients linked to aggravating and mitigating factors for the application of Article 36a(3)
Annotations:
Amendments (Textual)
II.Adjustment coefficients linked to mitigating factors
- 1.
If the infringement relates to a breach listed in Section II or III of Annex III and has been committed for fewer than 10 working days, a coefficient of 0,9 shall apply.
- 2.
If the credit rating agency’s senior management can demonstrate that they have taken all the necessary measures to prevent the infringement, a coefficient of 0,7 shall apply.
- 3.
If the credit rating agency has brought quickly, effectively and completely the infringement to ESMA’s attention, a coefficient of 0,4 shall apply.
- 4.
If the credit rating agency has voluntarily taken measures to ensure that similar infringement cannot be committed in the future, a coefficient of 0,6 shall apply.
Inserted by Regulation (EU) No 513/2011 of the European Parliament and of the Council of 11 May 2011 amending Regulation (EC) No 1060/2009 on credit rating agencies (Text with EEA relevance).