Skip to the text
Text as of 19 Jun 2024 · Original act (Official Journal of 19 June 2024) · Same wording as today’s text.Today’s text

Article 25 — Publication of administrative measures, pecuniary sanctions and periodic penalty payments

Financial crimeLevel 1RegulationAMLAStage: AdoptedVerifiedOfficial source

25(1)

1.The Authority shall publish every decision imposing pecuniary sanctions or periodic penalty payments or applying administrative measures referred to in Article 21(2), points (c) to (g), adopted on cases referred to in Article 21(1), point (a), immediately after the person responsible for the breach is informed of that decision. The publication shall include at least the information on the type and nature of the breach, the identity of the person responsible, and, for pecuniary sanctions or periodic penalty payments, their amount.

Copy link

By way of derogation from the first subparagraph, where the publication concerns administrative measures that are appealable and that do not aim to remedy serious, repeated and systematic breaches, the Authority may defer the publication of those administrative measures until the expiry of the deadline for lodging an appeal to the Court of Justice of the European Union.

25(2)

2.Upon the expiry of the deadline for a review of the decision by the Administrative Board of Review or, where such a review was not requested by the obliged entity, the expiry of the deadline for an appeal to the Court of Justice of the European Union, the Authority shall publish the information on a request for review or an appeal. Any subsequent information on the outcome of such review or appeal shall be published by the Authority immediately after obtaining such information. Any decision annulling a decision to impose a pecuniary sanction or a periodic penalty payment or apply an administrative measure pursuant to Article 21(1), point (a), shall also be published.

Copy link
25(3)

3.Notwithstanding the requirement referred to in paragraph 1, where the publication of the identity or the personal data of the persons responsible is considered by the Authority to be disproportionate following a case-by-case assessment, or where publication jeopardises the stability of financial markets or an ongoing investigation, the Authority shall:

Copy link
25(3)(a)
(a)delay the publication of the decision until the moment when the reasons for not publishing it cease to exist;
Copy link
25(3)(b)
(b)publish the decision on an anonymous basis, if such anonymous publication ensures the effective protection of the personal data of the persons responsible; in that case, the Authority shall postpone the publication of the relevant data for a reasonable period if it is foreseen that within that period the reasons for anonymous publication shall cease to exist;
Copy link
25(3)(c)
(c)not publish the decision at all in the event that the options set out in points (a) and (b) are considered insufficient to ensure:
Copy link
25(3)(c)(i)
(i)that the stability of financial markets would not be put in jeopardy; or
Copy link
25(3)(c)(ii)
(ii)the proportionality of the publication of the decision with regard to administrative measures applied in accordance with Article 21(1), point (a), where such measures are deemed to be of a minor nature.
Copy link
25(4)

4.The Authority shall make any publication pursuant to this Article accessible on its website for a period of five years.

Copy link