# Article 8 — Limitation periods for the enforcement of penalties **Commission Delegated Regulation (EU) 2022/803 · binding · OJ L 145, 24.5.2022 · dated 16 Feb 2022 [in force]** *In force · Consolidated version of 22 September 2025 · Checked against EUR-Lex on 26 Oct 2026 · [Official source](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX:02022R0803-20250922)* 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. 1. The limitation period referred to in paragraph 1 shall be calculated from the day following that on which the decision becomes final. 1. The limitation period for the enforcement of penalties shall be interrupted by: **(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; **(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. 1. Each interruption referred to in paragraph 3 shall restart the limitation period. 1. The limitation period for the enforcement of penalties shall be suspended for so long as: **(a)** time to pay is allowed; **(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.