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Recital 1

Recital 1

(1)Commission Delegated Regulation (EU) 2022/803 2 specifies the rules of procedure that apply to the European Securities and Markets Authority (‘ESMA’) for the exercise of the power to impose fines, as referred to in Article 38h of Regulation (EU) No 600/2014, or periodic penalty payments, as referred to in Article 38i of that Regulation, regarding data reporting service providers (‘DRSPs’). The scope of that Delegated Regulation was limited to approved publication arrangements and approved reporting mechanisms subject to ESMA supervision. The scope of that Delegated Regulation did not cover other DRSPs subject to ESMA supervision, including consolidated tape providers (‘CTPs’). That limited scope was due to the absence of DRSPs providing consolidated tape services in the Union and to the pending review of Regulation (EU) No 600/2014, which was amended by Regulation (EU) 2024/791 of the European Parliament and of the Council 3 (‘MiFIR reform’). The MiFIR reform entered into force on 28 March 2024.

  1. 2 Commission Delegated Regulation (EU) 2022/803 of 16 February 2022, supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council by specifying rules of procedure for the exercise of the power to impose fines or periodic penalty payments by the European Securities Markets Authority regarding data reporting service providers ( OJ L 145, 24.5.2022, p. 1 ). ↩
  2. 3 Regulation (EU) 2024/791 of the European Parliament and of the Council of 28 February 2024 amending Regulation (EU) No 600/2014 as regards enhancing data transparency, removing obstacles to the emergence of consolidated tapes, optimising the trading obligations and prohibiting receiving payment for order flow ( OJ L, 2024/791, 8.3.2024, ELI: http://data.europa.eu/eli/reg/2024/791/oj ). ↩
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