On 5 October 2020, the European Commission adopted an Implementing Regulation laying down implementing technical standards with regard to procedures and forms for the exchange of information and cooperation between competent authorities, the European Securities and Markets Authority (ESMA), the Commission and other entities under Articles 24(2) and 25 of the Market Abuse Regulation (MAR).

Article 24(2) MAR requires Member State competent authorities (NCAs) to provide ESMA with all necessary information to carry out its duties. Article 25 MAR requires NCAs to cooperate and exchange information with each other and with ESMA, with the Commission (in relation to commodities which are agricultural products listed in Annex I to the Treaty on the Functioning of the European Union), with the Agency for the Cooperation of Energy Regulators and national regulatory authorities (in relation to wholesale energy products) and with relevant national and third-country regulatory authorities responsible for related spot markets.

Commission Implementing Regulation (EU) 2018/292 has already established procedures and forms for the exchange of information and assistance between competent authorities pursuant to Article 25 of MAR. It is expected that separate rules with regard to cooperation with third country regulatory authorities responsible for related spot markets will be established.

The Implementing Regulation now adopted covers cooperation and the exchange of information with ESMA under Article 24(2) of MAR and cooperation with other entities under Article 25 MAR.

The Commission has also adopted the Annexes to the Implementing Regulation comprising of:

• Annex I: Form for a request for assistance.
• Annex II: Form for the acknowledgement of receipt of a request for assistance.
• Annex III: Form for the reply to a request for assistance.
• Annex IV: Form for the provision of unsolicited exchange of information.