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Regulation 2015/2365/EU - Securities Financing Transactions Regulation (SFTR)RecitalsChapter I Subject Matter, Scope and Definitions (arts. 1-3)Article 1 Subject matterArticle 2 ScopeArticle 3 DefinitionsChapter II Transparency of SFTs (art. 4)Article 4 Reporting obligation and safeguarding in respect of SFTsChapter III Registration and supervision of a trade repository (arts. 5-12)Article 5 Registration of a trade repositoryArticle 6 Notification of and consultation with competent authorities prior to registration or extension of registrationArticle 7 Examination of the applicationArticle 8 Notification of ESMA decisions relating to registration or extension of registrationArticle 9 Powers of ESMAArticle 10 Withdrawal of registrationArticle 11 Supervisory feesArticle 12 Transparency and availability of data held in a trade repositoryChapter IV Transparency towards investors (arts. 13-14)Article 13 Transparency of collective investment undertakings in periodical reportsArticle 14 Transparency of collective investment undertakings in pre-contractual documentsChapter V Transparency of reuse (art. 15)Article 15 Reuse of financial instruments received under a collateral arrangementChapter VI Supervision and competent authorities (arts. 16-18)Article 16 Designation and powers of competent authoritiesArticle 17 Cooperation between competent authoritiesArticle 18 Professional secrecyChapter VII Relationship with third countries (19-21)Article 19 Equivalence and recognition of trade repositoriesArticle 20 Indirect access to data between authoritiesArticle 21 Equivalence of reportingChapter VIII Administrative sanctions and other administrative measures (arts. 22-28)Article 22 Administrative sanctions and other administrative measuresArticle 23 Determination of administrative sanctions and other administrative measuresArticle 24 Reporting of infringementsArticle 25 Exchange of information with ESMAArticle 26 Publication of decisionsArticle 27 Right of appealArticle 28 Sanctions and other measures for the purpose of Articles 13 and 14Chapter IX Review (art. 29)Article 29 Reports and reviewChapter X Final provisions (arts. 30-33)Article 30 Exercise of delegated powersArticle 31 Committee procedureArticle 32 Amendments to Regulation (EU) No 648/2012Article 32a Accessibility of information on the European single access pointArticle 33 Entry into force and applicationAnnexDone at
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AI Summary of Article 9 Powers of ESMA

ESMA’s powers conferred by Articles 61 to 68, 73 and 74 of Regulation (EU) No 648/2012, together with Annexes I and II to that Regulation, shall be exercised in respect of this Regulation. References in Annex I to Article 81(1) and (2) of Regulation (EU) No 648/2012 shall be construed as references to Article 12(1) and (2) of this Regulation respectively.

The powers conferred on ESMA, or on any official of or other person authorised by ESMA under Articles 61, 62 and 63 of Regulation (EU) No 648/2012, shall not be used to require the disclosure of information or documents which are subject to legal privilege.

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Version status: Applicable, Entered into force | Document consolidation status: Updated to reflect all known changes
Version date: 12 January 2016 - onwards
Version 2 of 2

Article 9 Powers of ESMA

DRAFT To be replaced Article 5 Amendments to Regulation (EU) 2015/2365 of the Proposal for a Regulation of the European parliament and of the Council amending Regulations (EU) No 1095/2010, No 648/2012, No 600/2014, No 909/2014, 2015/2365, 2019/1156, 2021/23, 2022/858, 2023/1114, No 1060/2009, 2016/1011, 2017/2402, 2023/2631 and 2024/3005 as regards the further development of capital market integration and supervision within the Union (COM(2025) 943 final / 2025/0383 (COD))
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1. The powers conferred on ESMA in accordance with Articles 61 to 68, 73 and 74 of Regulation (EU) No 648/2012, in conjunction with Annexes I and II thereto, shall also be exercised with respect to this Regulation. References to Article 81(1) and (2) of Regulation (EU) No 648/2012 in Annex I to that Regulation shall be construed as references to Article 12(1) and (2) of this Regulation respectively.

2. The powers conferred on ESMA or any official of or other person authorised by ESMA by Articles 61, 62 and 63 of Regulation (EU) No 648/2012 shall not be used to require the disclosure of information or documents which are subject to legal privilege.

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