(a)

as regards the functioning of the passport for EU AIFMs marketing non-EU AIFs in the Union and for non-EU AIFMs managing and/or marketing AIFs in the Union: the use made of the passport; the problems encountered regarding: effective cooperation among competent authorities, effective functioning of the notification system, the indication of the Member State of reference, the effective exercise by the competent authorities of their supervisory functions being prevented by the laws, regulations or administrative provisions of a third country governing AIFMs, or by limitations in the supervisory and investigatory powers of the third country supervisory authorities, investor protection, investor access in the Union, the impact on developing countries, mediation by ESMA, including the number of cases and the effectiveness of the mediation; the negotiation, conclusion, existence and effectiveness of the required cooperation arrangements; the effectiveness of the collection and sharing of information in relation to the monitoring of systemic risks by national competent authorities, ESMA and the ESRB; results of peer reviews referred to in Article 38;

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Source: EUR-Lex (Cellar) · retrieved 2026-10-10 · Text as adopted (Official Journal); later amendments are not incorporated in this text.