1. In order to promote transparency and the smooth functioning of Union capital markets, ESMA shall ensure that access to information on ESAP is provided on a non-discriminatory basis and that users have direct and immediate access free of charge to the information on ESAP.
2. ESMA shall, however, charge fees for specific services with high maintenance and support costs or that involve searches for and downloads of large volumes of information. Those fees shall not exceed the direct costs incurred by ESMA for the provision of those services. The fees collected for those services shall be allocated to the overall functioning of ESAP.
3. ESMA may require users of the services for which ESMA charges fees, as referred to in paragraph 2, to complete a digital declaration.
4. Notwithstanding paragraph 2, ESMA shall allow the following entities to have direct and immediate access to the information on ESAP free of charge to the extent necessary for those entities to fulfil their respective re
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