FantasticSearch

1. The collection bodies shall do the following:

(a) collect the information submitted by entities;

(b) store the information submitted by entities or generated by the collection bodies themselves and, where relevant, rely on existing procedures and infrastructure in place for the storage of information;

(c) perform technical automated validations in respect of the information submitted by entities to verify whether the information complies with the following:

(i) it has been submitted using a data extractable format or, where appropriate, the machine-readable format specified in any of the Union legislative acts under Article 1(1), point (a), pursuant to which the information is submitted;

(ii) the metadata for the information, as specified pursuant to paragraph 10, point (e), of this Article and, where applicable, Article 3(1), point (a), is available and complete;

(iii) it is accompanied by a qualified electronic seal, where required;

(d) not impose conditions on the use and re-use of the information accessible on ESAP, other than conditions that correspond to those laid down in open standard licences as referred to in Article 9;

(e) implement the API and provide ESAP, free of charge and within the applicable time limits, with the information, the metadata for that information and, where required, the qualified electronic seal;

(f) insofar as it falls within the technical competence of the collection body, provide assistance to the entities submitting the information in relation to, at least, the submission, rejection and resubmission process;

(g) ensure that the information referred to in Article 1(1) remains available to ESAP for at least 10 years, unless otherwise provided in the Union legislative acts under Article 1(1), point (a).

For the purposes of point (g) of the first subparagraph of this paragraph, and in accordance with Regulations (EU) 2016/679 and (EU) No 2018/1725, the collection bodies shall take the appropriate technical and organisational measures to ensure that, where the metadata accompanying the submitted information refers to any personal data, that information is not retained for the purpose of being made available to ESAP, nor made accessible on ESAP, for longer than five years, unless otherwise provided in the Union legislative acts under Article 1(1), point (a), of this Regulation.

2. The collection bodies may reject information submitted by entities where the information is manifestly inappropriate, abusive or outside the scope of the information referred to in Article 1(1). The collection bodies shall remove information made accessible on ESAP that they determine to be manifestly inappropriate, abusive or outside the scope of the information referred to in Article 1(1).

3. The collection bodies shall reject information submitted by entities where the automated validations referred to in paragraph 1, point (c), of this Article reveal that the information does not comply with the requirements laid down in that point or, where relevant, on the basis of notifications received pursuant to Article 10(2).

4. The collection bodies shall notify entities of the rejection or the removal of information and the reasons therefor, within a reasonable timeframe.

5. Where the information submitted by an entity pursuant to Article 1(1), point (a), is rejected or removed by a collection body, that entity shall rectify and resubmit the information without undue delay. The collection body shall notify ESMA where information is rejected, removed or replaced pursuant to paragraph 2 of this Article. Entities may choose to submit information only once and to one collection body only. The submission and any re-submission of information, together with the relevant accompanying metadata, shall be made to the same collection body.

6. Entities shall be responsible for the completeness and accuracy of the information in the language in which it is submitted, as well as for the relevant accompanying metadata they submit to the collection bodies. In particular, entities shall be responsible for the identification of the inclusion of personal data in the information that they submit to the collection body together with the relevant accompanying metadata indicating whether the information contains personal data.

7. As regards the information within the scope of this Regulation, the collection bodies shall not exercise the right of the maker of a database, referred to in Article 7(1) of Directive 96/9/EC of the European Parliament and of the Council (), or any other intellectual property rights in a way that prevents or restricts the use and re-use of the contents of the database pursuant to Article 9 of this Regulation.

8. A collection body may delegate the tasks referred to in paragraph 1, points (a), (b), (c), (e), (f), (g) and paragraphs 3 and 4 to a legal person governed by the law of a Member State or to a Union body, office or agency (the ‘delegatee’). Any delegation of tasks shall take the form of a written agreement specifying the tasks to be delegated and the conditions under which they are to be carried out (‘delegation agreement’). The conditions set out in the delegation agreement shall ensure that:

(a) the delegatee has no conflict of interest;

(b) the delegatee does not use the information obtained improperly or in an anti-competitive manner or for a purpose other than the one stated in the delegation agreement;

(c) the delegatee ensures the protection of the information in accordance with Article 6 in relation to the delegated tasks;

(d) the delegatee regularly informs the collection body regarding its overall performance of the delegated tasks;

(e) without undue delay, the delegatee informs the collection body of any failure to perform a delegated task.

The collection body shall remain responsible for any tasks that it delegates, including making available to ESMA any information needed by ESMA regarding a delegated task. The collection body’s liability shall not be affected by the fact that the collection body has delegated tasks to a third party. The collection body shall not delegate its tasks to such an extent that it can no longer be considered a collection body. The collection body shall ensure that any delegation of tasks is exercised in a cost-efficient manner and that, as far as possible, the delegation is used to allow existing collection procedures and infrastructure to continue to apply for the purposes of ESAP. The collection body shall notify ESMA of any delegation agreement it concludes.

9. The collection bodies shall ensure appropriate levels of authenticity, availability, integrity and non-repudiation of the information submitted by entities to be made accessible on ESAP. For the purposes of ensuring those levels, Member States may permit the collection bodies to require that the information that is submitted by entities to be made accessible on ESAP be accompanied by a qualified electronic seal.

11. When developing the draft implementing technical standards referred to in paragraph 10, the ESAs shall take into consideration any standards that already exist in the corresponding sectoral Union legislative acts and in particular the standards specifically designed for SMEs. The ESAs shall submit those draft implementing technical standards to the Commission by 10 September 2024. Power is conferred on the Commission to adopt the implementing technical standards referred to in the first subparagraph of this paragraph in accordance with Article 15 of Regulation (EU) No 1093/2010, Article 15 of Regulation (EU) No 1094/2010 and Article 15 of Regulation (EU) No 1095/2010.

Tasks of the collection bodies and responsibilities of entities

10. The ESAs, through the Joint Committee, shall develop draft implementing technical standards specifying the following:

(a) how the technical automated validations referred to in paragraph 1, point (c), of this Article are to be performed for each type of information submitted by entities;

(b) the characteristics of the qualified electronic seal referred to in paragraph 1, point (c)(iii), of this Article and in paragraph 9 of this Article;

(c) the open standard licences referred to in paragraph 1, point (d), of this Article;

(d) the characteristics of the API to be implemented pursuant to paragraph 1, point (e), of this Article;

(e) the characteristics of the metadata necessary for the ESAP search function referred to in Article 7(3), metadata referred to in paragraph 6 of this Article and any other metadata necessary for the functioning of ESAP;

(f) the time limits referred to in paragraph 1, point (e), of this Article;

(g) the indicative list and characteristics of formats that are acceptable as data extractable formats and as machine-readable formats as referred to in paragraph 1, point (c)(i), of this Article.

12. Collection bodies that are Union bodies, offices or agencies that make historical information available to ESAP in accordance with Article 1(3) shall do the following:

(a) prepare that information in a data extractable format;

(b) accompany that information by metadata specifying the following:

(i) the names of the entity;

(ii) the type of information, as classified pursuant to Article 7(4), point (c);

(iii) where available, the legal entity identifier of the entity, as specified pursuant to Article 7(4), point (b);

(c) specify that the information is historical information. By way of derogation from paragraph 1, point (g), of this Article, historical information shall not be made accessible on ESAP for longer than five years.