Recital 45

(45)The Authority should serve as an independent advisory body to the European Parliament, the Council, and the Commission in the area of its competence. Without prejudice to the competencies of the competent authorities concerned, the Authority should be able to provide its opinion on the prudential assessment of mergers and acquisitions under Directive 2004/39/EC of the European Parliament and of the Council of 21 April 2004 on markets in financial instruments ²³ , as amended by Directive 2007/44/EC ³³ in those cases in which that Directive requires consultation between competent authorities from two or more Member States.