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Recital 48

Recital 48

(48)It is necessary to have in place a number of measures supporting small ESG rating providers to enable them to continue their activities, or to enter the market after the date of application of this Regulation. Against that background, a temporary regime should be introduced to facilitate the market entry of small ESG rating providers and support the development of existing small ESG rating providers already operating in the Union before the entry into force of this Regulation. Under that temporary regime, small ESG rating providers should register with ESMA, without the need to obtain authorisation to operate in the Union, and should only be subject to the provisions of this Regulation regarding organisational and transparency requirements. ESMA should be empowered to request information and to conduct general investigations and on-site inspections, as well as to adopt administrative measures. ESMA should ensure that risks of circumvention of this Regulation are avoided, particularly by preventing small undertakings within medium-sized or large groups according to the criteria laid down in Directive 2013/34/EU from benefitting from the temporary regime. Once the temporary regime comes to an end, small ESG rating providers should apply for authorisation to operate in the Union and benefit from proportionate governance requirements and supervisory fees proportionate to the annual net turnover of the ESG rating provider concerned.

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