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1. In order to promote transparency and the smooth functioning of Union capital markets, ESMA shall ensure that access to information on ESAP is provided on a non-discriminatory basis and that users have direct and immediate access free of charge to the information on ESAP.

2. ESMA shall, however, charge fees for specific services with high maintenance and support costs or that involve searches for and downloads of large volumes of information. Those fees shall not exceed the direct costs incurred by ESMA for the provision of those services. The fees collected for those services shall be allocated to the overall functioning of ESAP.

3. ESMA may require users of the services for which ESMA charges fees, as referred to in paragraph 2, to complete a digital declaration.

4. Notwithstanding paragraph 2, ESMA shall allow the following entities to have direct and immediate access to the information on ESAP free of charge to the extent necessary for those entities to fulfil their respective responsibilities, mandates and obligations:

(a) any Union institution, body, office or agency;

(b) any competent authority designated by a Member State pursuant to a Union legislative act;

(c) any member of the European Statistical System as defined in Article 4 of Regulation (EC) No 223/2009 of the European Parliament and of the Council ();

(d) any member of the European System of Central Banks;

(e) the resolution authorities designated under Article 3 of Directive 2014/59/EU of the European Parliament and the Council ();

(f) any governmental institution, body or agency of a Member State;

(g) any educational and training establishment for the sole purposes of research, academia, news organisations and non-governmental organisations insofar as access to the information is necessary in the performance of their tasks;

(h) entities providing and using information on ESAP to fulfil their regulatory obligations.

5. For the purposes of paragraph 2, ESMA shall develop draft implementing technical standards to determine the nature and extent of the specific services for which fees may be charged and to determine the associated fee structure. ESMA shall submit those draft implementing technical standards to the Commission. 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 1095/2010.

6. ESMA shall publish and make easily accessible on the ESAP website the fee structure, the volume thresholds, if relevant, and the rates. ESMA shall review the volume thresholds and the rates on an annual basis.