ESMA to become direct supervisor for two additional data reporting services providers
The European Securities and Markets Authority (ESMA) has published its annual assessment of the derogation criteria for data reporting services providers (DRSPs). Two entities, Wiener Börse AG and KELER Központi Értéktár Zrt, will come under ESMA's direct supervision as they do not meet the derogation criteria for the second consecutive year. These entities will be subject to ESMA supervision from 1 June 2025. DRSPs are exempt from ESMA supervision if their activities are of limited relevance for the internal market, measured by the number of Member States where clients are established and market share. The assessment is conducted yearly to determine if there is a change in supervisory responsibility. ESMA will engage closely with the two entities and their current supervisors to initiate the handover of responsibilities. The ESAs' Review Regulation transferred the authorisation and supervision of DRSPs from national competent authorities to ESMA, except for those subject to a derogation. The criteria for derogation are specified in a Delegated Act, which mandates ESMA to reassess the relevance of an APA or an ARM's activities every year. If the thresholds for derogation or ESMA supervision are not met in two consecutive years, the change in supervision takes effect on 1 June the following year. The change in supervision is based on 2023 data for the two entities.