art_5__para_8

8. A collection body may delegate the tasks referred to in paragraph 1, points (a), (b), (c), (e), (f), (g) and paragraphs 3 and 4 to a legal person governed by the law of a Member State or to a Union body, office or agency (the ‘delegatee’). Any delegation of tasks shall take the form of a written agreement specifying the tasks to be delegated and the conditions under which they are to be carried out (‘delegation agreement’). The conditions set out in the delegation agreement shall ensure that: the delegatee has no conflict of interest; the delegatee does not use the information obtained improperly or in an anti-competitive manner or for a purpose other than the one stated in the delegation agreement; the delegatee ensures the protection of the information in accordance with Article 6 in relation to the delegated tasks; the delegatee regularly informs the collection body regarding its overall performance of the delegated tasks; without undue delay, the delegatee informs the collection body of any failure to perform a delegated task. The collection body shall remain responsible for any tasks that it delegates, including making available to ESMA any information needed by ESMA regarding a delegated task. The collection body’s liability shall not be affected by the fact that the collection body has delegated tasks to a third party. The collection body shall not delegate its tasks to such an extent that it can no longer be considered a collection body. The collection body shall ensure that any delegation of tasks is exercised in a cost-efficient manner and that, as far as possible, the delegation is used to allow existing collection procedures and infrastructure to continue to apply for the purposes of ESAP. The collection body shall notify ESMA of any delegation agreement it concludes.

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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.