Could the competent authority of the CCP’s parent undertaking be invited to participate in the resolution college, if the parent undertaking is not a CCP and operates in a third country?

In accordance with Article 4(2)(c) of CCP RRR, competent authorities and resolution authorities of clearing members referred to in Article 18(2)(c) of EMIR should be voting members of the resolution college. Art. 18(2)(c) of EMIR refers to the three Member States with the largest contributions to the default fund of the CCP. Where not all clearing members of the CCP are subject to supervision by competent authorities, should the calculation exclude default fund contributions from not supervised clearing members?

Does the new requirement under Article 29(1a) of Regulation (EU) No 909/2014 (CSDR), as amended by Regulation (EU) 2023/2845 (CSDR Refit), apply to all issuers to whom a CSD provides services?

Does the requirement also apply to issuers of securities in paper form, if the CSD provides ancillary services to those issuers?

Does the obligation for issuers to obtain and transmit to the CSD a valid legal entity identifier (LEI) apply only to new issuers to whom the CSD provides services, i.e. after the date of entry into force of the requirement?

Can the exemption in Article 3(2) of the PR be combined with the exemptions in Article 1(4) PR?

Which annexes to the Commission Delegated Regulation (EU) 2019/980, i.e. Annex 3 and Annex 12 or Annex 1 and Annex 11, should be used to prepare the simplified prospectus referred to in Article 14 of the Prospectus Regulation in the case specified in Article 14(1)(d) of the Prospectus Regulation?

Explanation: Pursuant to Article 14(1)(d) of the Prospectus Regulation a simplified prospectus under simplified disclosure regime for secondary regime may be drawn up by, among others, issuers whose securities have been offered to the public and admitted to trading on an SME growth market continuously for at least two years, and who have fully complied with reporting and disclosure obligations throughout the period of being admitted to trading, and who seek admission to trading on a regulated market of securities fungible with existing securities which have been previously issued.
However, we note that certain competent authorities in the EU require that a simplified prospectus in the case referred to in Article 14(1)(d) of the Prospectus Regulation, i.e. the issuers transitioning from the SME Growth Market and meeting conditions specified therein shall prepare the Prospectus in accordance with Annex 1 and Annex 11, i.e. in accordance with full disclosure regime with the exception that only financial information would be limited as in the simplified prospectus.

Therefore, we kindly request the European Securities Market Authority to clarify which annexes to the Commission Delegated Regulation (EU) 2019/980 should be required to prepare a simplified prospectus referred to in Article 14 of the Prospectus Regulation in the case specified in Article 14(1)(d) of the Prospectus Regulation.