ESMA - Guidelines on the system for the exchange of information relevant to fit and proper assessments

ESAs published a consultation paper on draft joint Guidelines on the system for the exchange of information when assessing the fitness and propriety requirements. These Guidelines aim to increase the efficiency of the information exchange between sectoral supervisors by harmonising practices and clarifying how competent authorities should use the information system developed by the three ESAs.

The joint Guidelines apply to competent authorities under the ESAs’ remit and are divided into two main parts: (i) the first one focuses on how competent authorities should input the data and use the ESAs’ information system, including on how to search for the fit and proper assessments of persons of interest that had already been made by other competent authorities; (ii) once a competent authority has identified that a relevant assessment has been made by another competent authority, the second part of the Guidelines clarifies how they should cooperate to exchange information.

The consultation runs until 2 May 2023