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Article 8 - Limitation periods for the enforcement of penalties

Comparing 27/05/2022 → 22/09/2025: 0 added, 0 removed, 9 changed Close comparison

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.

2. 2. The limitation period referred to in paragraph 1 shall be calculated from the day following that on which the decision becomes final.

3. 3. The limitation period for the enforcement of penalties shall be interrupted by:

(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;

(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.

4. 4. Each interruption referred to in paragraph 3 shall restart the limitation period.

5. 5. The limitation period for the enforcement of penalties shall be suspended for so long as:

(a)((a)) time to pay is allowed;

(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.

Official text · consolidated version 22/09/2025 (in force) Open full page ↗
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