ESMA may, by simple request or by decision, require trade repositories and related third parties to whom operational functions have been outsourced to provide all information necessary to perform its duties under this Regulation. A simple request must refer to this Article as the legal basis, state the purpose, specify the information required, set a time limit, advise that responses are voluntary but must not be incorrect or misleading, and indicate the fine in Article 65 in conjunction with point (a) of Section IV of Annex I for incorrect or misleading answers.

A request by decision must likewise refer to this Article, state the purpose, specify the information and time limit, and indicate periodic penalty payments under Article 66 for incomplete production, the Article 65 fine (with point (a) of Section IV of Annex I) for incorrect or misleading answers, and the right to appeal to ESMA's Board of Appeal and to the Court of Justice under Articles 60 and 61 of Regulation (EU) No 1095/2010. The persons concerned or their authorised representatives must supply the information; lawyers may act for clients, who remain fully responsible for incomplete, incorrect or misleading replies. ESMA shall promptly send a copy of the simple request or decision to the competent authority of the Member State where those persons are domiciled or established.