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Article 12

Monitoring the implementation and functioning of ESAP

1.   ESMA, in close cooperation with EBA and EIOPA, shall monitor the functioning of ESAP based on at least the qualitative and quantitative indicators laid down in paragraph 2, and shall publish and submit to the European Parliament and to the Council an annual report on the functioning of ESAP.

2.   The qualitative and quantitative indicators referred to in paragraph 1 are the following:

(a)

the number of visitors, searches and downloads;

(b)

the types of information viewed and downloaded by percentage;

(c)

the fees referred to in Article 8(2) and amounts charged by ESMA;

(d)

the percentage of searches that lead to a view or a download per type of information and access;

(e)

the amount and percentage of machine-readable information accessible on ESAP and the amount and percentage of machine-readable views and downloads;

(f)

the proportion of notifications pursuant to the automated validations referred to in Article 10(2);

(g)

any significant malfunction or incident affecting the operation or overall performance of ESAP;

(h)

an assessment of the accessibility, quality, usability, reliability and timeliness of the information on ESAP;

(i)

an assessment of whether ESAP meets its objectives, taking into account the evolution of its use and information flows within the Union;

(j)

an assessment of end-user satisfaction;

(k)

a comparison with similar systems in third countries.

3.   Before submitting the report referred to in paragraph 1 of this Article, ESMA shall consult the ad hoc task force, group or committee to be established pursuant to Article 11(2) of this Regulation and it may consult the Securities and Markets Stakeholder Group referred to in Article 37 of Regulation (EU) No 1095/2010.

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