9.

In the absence of agreement between the members of a college, competent authorities may refer to ESMA any of the following situations: where a competent authority has not communicated essential information; where, following a request made under paragraph 3, the competent authority of the administrator has notified the requesting authority that the requirements of that paragraph are not fulfilled or where it has not acted upon such request within a reasonable time; where the competent authorities have failed to reach an agreement on the matters set out in paragraph 6; where there is a disagreement concerning the measures to be taken in accordance with Articles 34, 35 and 42; where there is a disagreement concerning the measures to be taken in accordance with Article 23(6); where there is a disagreement concerning the measures to be taken in accordance with the third subparagraph of paragraph 8 of this Article.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-12 · Text as adopted (Official Journal); later amendments are not incorporated in this text.