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Article 3 – Rules of procedure in infringement proceedings before ESMA with regard to fines and supervisory measures ⬅️ | ➡️ Article 5 – Rules of procedure for interim decisions on supervisory measures
Article 4 - Rules of procedure in infringement proceedings before ESMA with regard to periodic penalty payments
1.
Before making a decision imposing a periodic penalty payment pursuant to 2014, ESMA shall submit a statement of findings to the person subject to the proceedings setting out the reasons justifying the imposition of a periodic penalty payment and the amount of the periodic penalty payment per day of non-compliance. The statement of findings shall set a time limit of at least four weeks within which the person subject to the proceedings may make written submissions. ESMA shall not be obliged to take into account written submissions received after the expiry of that time limit for deciding on the periodic penalty payment.
2.
Once the DRSP or the person subject to the proceedings, has complied with the relevant decision referred to in 2014, a periodic penalty payment shall no longer be imposed.
3.
A decision referred to in 2014 shall indicate the legal basis and the reasons for the decision, the amount and the starting date of the periodic penalty payment.
4.
ESMA may invite the person subject to the proceedings to attend an oral hearing. The person subject to the proceedings may be assisted by a counsel of their choice. Oral hearings shall not be public.