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Regulation (EC) No 1060/2009 of the European Parliament and of the CouncilShow full title
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)
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Revised version PDFs
- Revised 01/01/20190.61 MB
- Revised 21/06/20150.58 MB
- Revised 23/05/20140.57 MB
- Revised 20/06/20130.58 MB
- Revised 21/07/20110.96 MB
- Revised 01/06/20110.95 MB
- Revised 07/12/20090.19 MB
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Changes over time for: Article 40a
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There are outstanding changes not yet made to Regulation (EC) No 1060/2009 of the European Parliament and of the Council. Any changes that have already been made to the legislation appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Article 40a:
- Regulation power to amend conferred by 2021 c. 22 s. 6
- Regulation power to modify conferred by 2023 c. 29 s. 3 Sch. 1 Pt. 1
- Regulation revoked by 2023 c. 29 Sch. 1 Pt. 1
- Art. 23a-23e omitted by S.I. 2019/266 reg. 83
- Art. 36-36e omitted by S.I. 2019/266 reg. 94
Changes and effects yet to be applied to the whole legislation item and associated provisions
- Ch. 2 heading words substituted by S.I. 2019/266 reg. 78
- Ch. 3 heading substituted by S.I. 2019/266 reg. 86
- Annex 1 s. C para. 1 words substituted by S.I. 2019/266 reg. 97(b)
- Annex 1 s. D Pt. 3 para. 3 words substituted by S.I. 2019/266 reg. 97(c)
- Annex 1 s. E Pt. 3 para. 1 words substituted by S.I. 2019/266 reg. 97(d)
- Annex 1 s. E Pt. 3 para. 8 words substituted by S.I. 2019/266 reg. 97(e)(i)
- Annex 1 s. E Pt. 3 para. 8 words substituted by S.I. 2019/266 reg. 97(e)(ii)
- Annex 3 Pt. 2 point 7 omitted by S.I. 2019/266 reg. 99(c)(ii)
- Annex 3 Pt. 2 point 8 omitted by S.I. 2019/266 reg. 99(c)(ii)
- Annex 3 Pt. 1 point 10 words substituted by S.I. 2019/266 reg. 99(b)(i)
- Annex 3 Pt. 1 point 50 words substituted by S.I. 2019/266 reg. 99(b)(ii)
- Annex 3 Pt. 1 point 52 words substituted by S.I. 2019/266 reg. 99(b)(iii)
- Annex 3 Pt. 1 point 55 words substituted by S.I. 2019/266 reg. 99(b)(iv)
- Annex 3 Pt. 2 point 2 words substituted by S.I. 2019/266 reg. 99(c)(i)
- Annex 3 Pt. 2 point 3a words substituted by S.I. 2019/266 reg. 99(c)(i)
- Annex 3 Pt. 2 point 3c words substituted by S.I. 2019/266 reg. 99(c)(i)
- Annex 3 Pt. 2 point 5 words substituted by S.I. 2019/266 reg. 99(c)(i)
- Annex 3 Pt. 2 point 6 words substituted by S.I. 2019/266 reg. 99(c)(i)
- Annex 3 Pt. 3 point 4a words substituted by S.I. 2019/266 reg. 99(d)
- Art. 2(2)(c) words substituted by S.I. 2019/266 reg. 53(b)(i)
- Art. 2(2)(d) words substituted by S.I. 2019/266 reg. 53(b)(ii)
- Art. 2(2)(d)(iv) words substituted by S.I. 2019/266 reg. 53(b)(iii)
- Art. 3(2)(a)(b) substituted by S.I. 2019/266 reg. 54(b)
- art. 4(1A)(1B) inserted by S.I. 2019/266 reg. 55(c)
- art. 4(1A)(1B) words substituted in earlier amending provision S.I. 2019/266, reg. 55(c) by S.I. 2020/1301 reg. 3 Sch. para. 16
- Art. 4(3)(b) words substituted by S.I. 2019/266 reg. 55(d)(i)
- Art. 4(3)(c)(d) word substituted by S.I. 2019/266 reg. 55(d)(ii)
- Art. 4(3)(g) words substituted by S.I. 2019/266 reg. 55(d)(iii)
- Art. 4(3)(h) omitted by S.I. 2019/266 reg. 55(d)(iv)
- Art. 5(1)(b) substituted by S.I. 2019/266, reg. 56(a)(ii) (as substituted) by S.I. 2020/1055 reg. 11(4)(a)
- Art. 5(1)(b) words substituted by S.I. 2019/266 reg. 56(a)(ii) (This amendment not applied to legislation.gov.uk. Reg. 56(a) substituted (30.9.2020) by S.I. 2020/1055, regs. 1(2), 11(4)(a))
- Art. 5(1)(c) omitted by S.I. 2019/266 reg. 56(a)(iii) (This amendment not applied to legislation.gov.uk. Reg. 56(a) substituted (30.9.2020) by S.I. 2020/1055, regs. 1(2), 11(4)(a))
- Art. 5(1)(c) words inserted by S.I. 2019/266, reg. 56(a)(iii)(aa) (as substituted) by S.I. 2020/1055 reg. 11(4)(a)
- Art. 5(1)(c) words substituted by S.I. 2019/266, reg. 56(a)(iii)(bb) (as substituted) by S.I. 2020/1055 reg. 11(4)(a)
- Art. 5(1)(d) words substituted by S.I. 2019/266 reg. 56(a)(iv) (This amendment not applied to legislation.gov.uk. Reg. 56(a) substituted (30.9.2020) by S.I. 2020/1055, regs. 1(2), 11(4)(a))
- Art. 5(1)(d) words substituted by S.I. 2019/266, reg. 56(a)(iv) (as substituted) by S.I. 2020/1055 reg. 11(4)(a)
- Art. 5(4)(b) words substituted by S.I. 2019/266 reg. 56(d)(i)
- Art. 5(6)(c) words substituted by S.I. 2019/266 reg. 56(e)(iii) (This amendment not applied to legislation.gov.uk. Reg. 56(e)(i)(ii) substituted for reg. 56(e)(i)-(iii) immediately before IP completion day by S.I. 2020/628, regs. 1(3), 9(2))
- Art. 8(6)(aa) words substituted by S.I. 2019/266 reg. 62(a)
- Art. 8(7)(a) words substituted by S.I. 2019/266 reg. 62(b)
- Art. 18A inserted by S.I. 2019/266 reg. 75
- Art. 21(4)(e) words substituted by S.I. 2019/266 reg. 79(e)(ii)
- Art. 21(4a)(a)(b) words substituted by S.I. 2019/266 reg. 79(f)(ii)
- Art. 35a(3)(b) words substituted by S.I. 2019/266 reg. 92(b)
- Art. 38(2)(a) word omitted in earlier amending provision S.I. 2019/266, reg. 96(1) by S.I. 2020/1055 reg. 14(a)
- Art. 38(2)(b) words substituted in earlier amending provision S.I. 2019/266, reg. 96(1) by S.I. 2020/1055 reg. 14(b)
- Art. 38(2)(c) inserted in earlier amending provision S.I. 2019/266, reg. 96(1) by S.I. 2020/1055 reg. 14(c)
[F1Article 40a U.K. Transitional measures related to ESMA
1. All competences and duties related to the supervisory and enforcement activity in the field of credit rating agencies, which were conferred on the competent authorities, whether acting as competent authorities of the home Member State or not, and on colleges where those have been established, shall be terminated on 1 July 2011 .
However, an application for registration that has been received by the competent authorities of the home Member State or the relevant college by 7 September 2010 shall not be transferred to ESMA, and the decision to register or refuse registration shall be taken by those authorities and the relevant college.
2. Without prejudice to the second subparagraph of paragraph 1, any files and working documents related to the supervisory and enforcement activity in the field of credit rating agencies, including any ongoing examinations and enforcement actions, or certified copies thereof, shall be taken over by ESMA on the date as referred to in paragraph 1.
3. The competent authorities and colleges referred to in paragraph 1 shall ensure that any existing records and working papers, or certified copies thereof, shall be transferred to ESMA as soon as possible and in any event by 1 July 2011 . Those competent authorities and colleges shall also render all necessary assistance and advice to ESMA to facilitate effective and efficient transfer and taking-up of supervisory and enforcement activity in the field of credit rating agencies.
4. ESMA shall act as the legal successor of the competent authorities and colleges referred to in paragraph 1 in any administrative or judicial proceedings that result from supervisory and enforcement activity pursued by those competent authorities and colleges in relation to matters that fall under this Regulation.
5. Any registration of a credit rating agency, in accordance with Chapter I of Title III, by a competent authority referred to in paragraph 1 of this Article shall remain valid after the transfer of competences to ESMA.
6. By 1 July 2014 and within the scope of its ongoing supervision, ESMA shall conduct at least one verification of all credit rating agencies falling under its supervisory competences.]
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