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Commission Delegated Regulation (EU) 2022/803 of 16 February 2022 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council by specifying rules of procedure for the exercise of the power to impose fines or periodic penalty payments by the European Securities Markets Authority regarding data reporting service providers (Text with EEA relevance)
Full document Article 8 of 10 In this act Article 8 of 10 rec Recitals 1–101 Scope2 Rules of procedure in infringement proceedings before the investigation officer3 Rules of procedure in infringement proceedings before ESMA with regard to fines and supervisory measures4 Rules of procedure in infringement proceedings before ESMA with regard to periodic penalty payments5 Rules of procedure for interim decisions on supervisory measures6 Access to the file and use of documents7 Limitation periods for the imposition of fines and periodic penalty payments8 Limitation periods for the enforcement of penalties9 Collection of fines and periodic penalty payments10 Entry into force and date of applicationArticle 8 — Limitation periods for the enforcement of penalties Financial services Level 2 Delegated Regulation MiFIR · Official source
8(1) 1. The power of ESMA to enforce decisions taken pursuant to Articles 38h and 38i of Regulation (EU) No 600/2014 shall be subject to a limitation period of five years.
Copy link Copy citationArt 8(1) 2022/803 8(2) 2. The limitation period referred to in paragraph 1 shall be calculated from the day following that on which the decision becomes final.
Copy link Copy citationArt 8(2) 2022/803 8(3) 3. The limitation period for the enforcement of penalties shall be interrupted by:
Copy link Copy citationArt 8(3) 2022/803 8(3)(a) (a) a notification by ESMA to the person subject to the proceedings, of a decision varying the original amount of the fine or periodic penalty payment;
Copy link Copy citationArt 8(3)(a) 2022/803 8(3)(b) (b) any action of ESMA, or of a national competent authority acting at the request of ESMA in accordance with Article 38o of Regulation (EU) No 600/2014, designed to enforce payment or payment terms and conditions of the fine or periodic penalty payment.
Copy link Copy citationArt 8(3)(b) 2022/803 8(4) 4. Each interruption referred to in paragraph 3 shall restart the limitation period.
Copy link Copy citationArt 8(4) 2022/803 8(5) 5. The limitation period for the enforcement of penalties shall be suspended for so long as:
Copy link Copy citationArt 8(5) 2022/803 8(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 a review by the Court of Justice of the European Union in accordance with Article 38m of Regulation (EU) No 600/2014.
Copy link Copy citationArt 8(5)(b) 2022/803