# Article 6 — Right to be heard by ESMA with regard to interim decisions imposing periodic penalty payments **Commission Delegated Regulation (EU) 2021/731 · binding · OJ L 158, 6.5.2021 · dated 26 Jan 2021 [in force]** *In force · Commission Delegated Regulation (EU) 2021/731, OJ L 158, 6.5.2021 · Checked against EUR-Lex on 26 Oct 2026 · [Official source](https://eur-lex.europa.eu/eli/reg_del/2021/731/oj/eng)* 1. By way of derogation from Article 4, the procedure set out in this Article shall apply where ESMA adopts interim decisions imposing periodic penalty payments pursuant to the second subparagraph of [Article 25l(1)](../../articles/25l.md) of Regulation (EU) No 648/2012 without first hearing the person subject to proceedings. 2. The interim decision imposing a periodic penalty payment shall indicate the legal basis and the reasons for the decision, the amount and the starting date of the periodic penalty payment. Once the person subject to proceedings has complied with the relevant decision referred to in the second subparagraph of [Article 25k(1)](../../articles/25k.md) of Regulation (EU) No 648/2012, an interim decision imposing periodic penalty payment can no longer be adopted. ESMA shall immediately notify the interim decision to the person subject to proceedings and shall set a time limit within which that person may make written submissions. ESMA shall not be obliged to take into account written submissions received after the expiry of that time limit. Where so requested, ESMA shall grant access to the file to the person subject to proceedings. ESMA may also invite the person subject to proceedings to attend an oral hearing. The person subject to proceedings may be assisted by their lawyers, or by other qualified persons admitted by ESMA. Oral hearings shall not be held in public. 3. Where ESMA considers, on the basis of the complete file and after having heard the person subject to proceedings, that the grounds for imposing periodic penalty payments were present at the time of the adoption of the interim decision, ESMA shall adopt a confirmatory decision imposing periodic penalty payments in accordance with [Article 25k](../../articles/25k.md) of Regulation (EU) No 648/2012. ESMA shall immediately notify that decision to the person subject to proceedings. Where ESMA adopts a decision that does not confirm the interim decision, the interim decision shall be deemed to be repealed.