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AI Summary of Article 81 Review

By 31 December 2021, and every three years thereafter, the Commission shall publish a general report on the operation of the Authority and procedures under this Regulation. The report shall evaluate supervisory effectiveness and convergence (including independence and corporate governance standards), the Authority’s impartiality, objectivity and autonomy, the functioning of colleges of supervisors, progress in crisis prevention, management and resolution (including Union funding mechanisms), the Authority’s role on systemic risk, the application of Article 38 and Article 19 and the functioning of the Joint Committee.

As part of that report the Commission shall, after consulting relevant authorities and stakeholders, conduct comprehensive assessments of the application of Article 9a and of potential supervision by the Authority of third‑country trading venues and third‑country central securities depositories, addressing recognition by systemic importance, organisational and compliance requirements, sanctions, staff and resources and effects on liquidity, best price and execution, access barriers and benefits for EU counterparties and the capital markets union. Assessments of trading venues and CSDs, with any legislative proposal, are to be submitted to the European Parliament and the Council by 30 June 2021. The report shall also examine sectoral supervisory arrangements, prudential versus conduct supervision, simplification and coherence of the ESFS, global consistency, diversity and excellence within the ESFS, publication and accountability, adequacy of the Authority’s resources and whether to maintain the Authority’s seat or move the ESAs to a single seat; the Commission shall draw up an annual report on entrusting the Authority with further supervisory responsibilities for pan‑European institutions or infrastructures and forward the report and any proposals to the European Parliament and the Council.

Version status: Amended | Document consolidation status: Updated to reflect all known changes
Version date: 1 January 2020 - onwards
Version 4 of 4

Article 81 Review

1. By 31 December 2021, and every three years thereafter, the Commission shall publish a general report on the experience acquired as a result of the operation of the Authority and the procedures laid down in this Regulation. That report shall evaluate, inter alia:

(a) the effectiveness and convergence in supervisory practices reached by competent authorities

(i) the independence of the competent authorities and convergence in standards equivalent to corporate governance;

(ii) the impartiality, objectivity and autonomy of the Authority;

(b) the functioning of the colleges of supervisors;

(c) the progress achieved towards convergence in the fields of crisis prevention, management and resolution, including Union funding mechanisms;

(d) the role of the Authority as regards systemic risk;

(e) the application of the safeguard clause established in Article 38;

(f) the application of the binding mediation role established in Article 19;

(g) the functioning of the Joint Committee.