1. ESMA may by simple request or by decision require ESG rating providers, persons involved in ESG rating activities, rated items and issuers of rated items, third parties to whom ESG rating providers have outsourced operational functions or activities, and persons otherwise closely and substantially related or connected to ESG rating providers or ESG rating activities, to provide all information that it needs to carry out its duties under this Regulation.
2. When sending a simple request for information under paragraph 1 of this Article, ESMA shall:
refer to this Article as the legal basis for the request;
state the purpose of the request;
specify what information is required;
set a reasonable time limit within which the information is to be provided and the format in which the requested information is to be provided;
inform the person from whom the information is requested that there is no obligation to provide the information but that any reply to the request for information must not be incorrect or misleading;
indicate the fines provided for in Article 36, where the information supplied is incorrect or misleading.
3. When requiring the provision of information by decision under paragraph 1 of this Article, ESMA shall:
refer to this Article as the legal basis for the request;
state the purpose of the request;
specify what information is required;
set a reasonable time limit within which the information is to be provided and the format in which the requested information is to be provided;
indicate the periodic penalty payments provided for in Article 37 where the requested information is not submitted within the set time limit or is incomplete;
indicate the fines provided for in Article 36 where the information supplied is incorrect or misleading;
indicate the right to appeal the decision before the Board of Appeal in accordance with Article 60 of Regulation (EU) No 1095/2010 and to have the decision reviewed by the Court of Justice of the European Union in accordance with Article 61 of Regulation (EU) No 1095/2010.
4. The persons referred to in paragraph 1 or their representatives, and, in the case of legal persons or of associations having no legal personality, the persons authorised to represent them by law or by their constitution, shall supply the information requested. Lawyers duly authorised to act may supply the information on behalf of their clients. Those clients shall remain fully responsible if the information supplied by their lawyers is incomplete, incorrect or misleading.
5. ESMA shall, without delay, send a copy of the simple request or of its decision to the competent authority of the Member State where the persons referred to in paragraph 1 who are concerned by the request for information are domiciled or established.