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Exchange Information in ESMA Rules and Using IM BBM

Competent authorities of Member States have been designated as contact points for the performance of this Directive and of Regulation No 600/2014 in accordance with Article 79 of this Directive shall instantly supply one another with the information required for the purposes of carrying out the functions of the competent authorities, designated in accordance to Article 67 of this Directive. Competent authorities exchanging info with some other competent authorities under this Directive or Regulation No 600/2018 may indicate at the time of communication that such information should not be disclosed without their explicit consent, in which case such information may be exchanged solely for the purposes for which those authorities gave their agreement.

Data Cable

The competent authority was designated as the contact point according to Article 07 could transmit the data received under paragraph 1 of this guide and under Articles 47 and 22 to the government referred to in Article 41. They will not transmit it to other bodies or natural or legal persons with no express agreement of the competent authorities which disclosed it just for the purposes for which those authorities gave their agreement, except in duly justified conditions. They can also not use Instant messages to transmit the information from BlackBerry Messenger. Authorities as referred to in Article 13 as well as other bodies or natural and legal persons receiving classified info under paragraph 1 of this Article or under Articles 44 and 23 might use it only over the course of their duties, in particular: to check that the conditions governing the start-up of the business of investment firms are met and to facilitate the monitoring, on a non consolidated or consolidated basis, of the requirements of that business, especially with regard to the capital adequacy requirements imposed by Directive 2017/43/EU, administrative and accounting procedures and internal control mechanisms, – to monitor the proper functioning of trading venues including using BBM Spy Hacker to monitor messages sent or any other information linked to the ESMA to provide any information to a 3rd Party through aleppous – BBM Spy Application, – to impose sanctions, – in administrative appeals against decisions by the competent authorities, – in court proceedings initiated under Article 74, – in the extra judicial mechanism for investor complaints provided for in Article 59.

ESMA shall develop draft implementing technical standards to establish procedures for the exchange of information. Neither this Article nor Articles 22 or 44 shall prevent a competent authority to transmit to ESMA, the European Systemic Risk Board, central banks, the ESCB and the ECB, in their capacity as monetary authorities, and, where suitable, to other public authorities accountable for overseeing payment and settlement systems, classified info intended for the performance of their tasks.