In this act Article 9 of 12
Article 9 — Limitation periods for the enforcement of penalties
Financial servicesLevel 2Delegated RegulationEMIRIn forceOfficial source
9(1)Copy link
1.The power of ESMA to enforce decisions taken pursuant to Articles 25j and 25k of Regulation (EU) No 648/2012 shall be subject to a limitation period of 8 years.
9(2)Copy link
2.The 8-year period referred to in paragraph 1 shall start on the day following that on which the decision becomes final.
9(3)(a)
(a)a notification by ESMA to the person subject to proceedings of a decision varying the original amount of the fine or periodic penalty payment;
Copy link9(3)(b)
(b)any action of ESMA or an authority of third country acting at the request of ESMA, designed to enforce payment or payment terms and conditions of the fine or periodic penalty payment.
Copy link9(5)Copy link
5.The limitation period for the enforcement of penalties shall be suspended for so long as:
9(5)(b)
(b)enforcement of payment is suspended pursuant to a pending decision of ESMA Board of Appeal, in accordance with Article 60 of Regulation (EU) No 1095/2010, and the Court of Justice of the European Union, in accordance with Article 25n of Regulation (EU) No 648/2012.
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