AI Summary of Article 16b Questions and answers
The Authority accepts questions on the practical application or implementation of the legislative acts referred to in Article 1(2), associated delegated and implementing acts, and related guidelines and recommendations. Any natural or legal person, including competent authorities and Union institutions and bodies, may submit questions in any Union official language. Financial market participants should first consider addressing queries to their competent authority. Before publication the Authority may seek further clarification from the questioner. Answers are non-binding and will be made available at least in the language of submission.
The Authority shall maintain a web-based tool to receive and publish all admissible questions and answers unless publication would conflict with legitimate interests or risk financial stability. The Authority may reject questions it does not intend to answer; rejected questions will be published for two months. Three voting members of the Board of Supervisors may request the Board, under Article 44, to consider issuing guidelines (Article 16), seeking advice from the Stakeholder Group (Article 37), reviewing Q&As, conducting consultations or analysing costs and benefits; such measures must be proportionate and confidentiality applies to the Stakeholder Group. Questions requiring interpretation of Union law will be forwarded to the Commission and the Authority will publish the Commission’s answers.
Article 16b Questions and answers
1. Without prejudice to paragraph 5 of this Article, questions relating to the practical application or implementation of the provisions of legislative acts referred to in Article 1(2), associated delegated and implementing acts, and guidelines and recommendations, adopted pursuant to those legislative acts, may be submitted by any natural or legal person, including competent authorities and Union institutions and bodies, to the Authority in any official language of the Union.
Before submitting a question to the Authority, financial market participants shall consider whether to address the question in the first place to their competent authority.
Before publishing answers to admissible questions, the Authority may seek further clarification on questions asked by the natural or legal person referred to in this paragraph.
2. Answers by the Authority to questions as referred to in paragraph 1 shall be non-binding. Answers shall be made available at least in the language in which the question was submitted.