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In this act Article 9 of 10

Article 9 — Collection of fines and periodic penalty payments

Financial servicesLevel 2Delegated RegulationMiFIRIn forceOfficial source

9(1)

1.The amounts of fines and periodic penalty payments collected by ESMA shall be lodged to an interest-bearing account opened by ESMA until such time as they become final. In case of multiple fines and periodic penalty payments collected by ESMA in parallel ESMA shall ensure that they are lodged to different accounts or subaccounts. Fines and periodic penalty payments paid shall not be entered into ESMA’s budget or recorded as budgetary amounts.

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9(2)

2.Once ESMA has established that the fines or periodic penalty payments have become final following the exhaustion of all appeal rights ESMA shall transfer those amounts and potential interest accruing to the Commission. These amounts shall then be entered in the Union Revenue budget.

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9(3)

3.ESMA shall report on a regular basis to the Commission on the amounts of fines and periodic penalty payments imposed and their status.

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