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Article 8 - Limitation periods for the enforcement of penalties

Article 8
Limitation periods for the enforcement of penalties

1. The power of ESMA to enforce decisions taken pursuant to Articles 48e and 48g of Regulation (EU) 2016/1011 shall be subject to a limitation period of five years.

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

3. 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, of a national competent authority acting at the request of ESMA in accordance with article 48m of Regulation (EU) 2016/1011, designed to enforce payment or payment terms and conditions of the fine or periodic penalty payment.

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

5. 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 the 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 48k of Regulation (EU) 2016/1011.

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