casp-tracker.com
← All articles

TITLE VIICOMPETENT AUTHORITIES, EBA AND ESMA · CHAPTER 5EBA’s powers and competences with respect to issuers of significant asset-referenced tokens and issuers of significant e-money tokens

Article 133

Disclosure, nature, enforcement and allocation of fines and periodic penalty payments

1.   EBA shall disclose to the public every fine and periodic penalty payment that has been imposed pursuant to Articles 131 and 132, unless such disclosure to the public would seriously jeopardise financial stability or cause disproportionate damage to the parties involved. Such disclosure shall not contain personal data.

2.   Fines and periodic penalty payments imposed pursuant to Articles 131 and 132 shall be of an administrative nature.

3.   Fines and periodic penalty payments imposed pursuant to Articles 131 and 132 shall be enforceable in accordance with the rules of civil procedure in force in the State in the territory of which the fine or periodic penalty payment is enforced.

4.   The amounts of the fines and periodic penalty payments shall be allocated to the general budget of the Union.

5.   Where, notwithstanding Articles 131 and 132, EBA decides not to impose fines or penalty payments, it shall inform the European Parliament, the Council, the Commission, and the competent authorities of the Member State concerned and shall set out the reasons for its decision.

Text of Regulation (EU) 2023/1114, source EUR-Lex · © European Union — reuse permitted under Commission Decision 2011/833/EU · Only the Official Journal version is authentic · Not legal advice.