EU · MiFIR · TITLE VIa ESMA POWERS AND COMPETENCES · CHAPTER 2 Administrative sanctions and other administrative measures
Article 38k MiFIRProcedural rules for taking supervisory measures and imposing fines
Sets ESMA's procedure for supervisory measures and fines against data reporting services providers: an independent investigation officer investigates, hears the persons concerned and submits a file, ESMA decides after hearing them, rights of defence and access to the file are protected, and matters may be referred for criminal prosecution.
Amendments and application dates
| Amending act | Change | Applies from |
|---|---|---|
| Regulation (EU) 2019/2175 | Provision inserted | by 1 Jan 2022 |
Level 2: delegated and implementing acts
- Delegated actIn forceLegal basis
AI summaryAmends Delegated Regulation 2022/803 so that ESMA's rules of procedure for fines and periodic penalty payments also cover consolidated tape providers, following the 2024 MiFIR review.
- Delegated actIn forceLegal basis
AI summarySets ESMA's rules of procedure for imposing fines and periodic penalty payments on data reporting services providers it supervises, covering investigation officer proceedings, rights of the defence and access to the file, interim decisions, limitation periods, and collection of penalties.
Commentary
No law-firm commentary is linked to this provision yet.
219 more documents relate to MiFIR as a whole without naming an article.
UK counterpart
- No UK counterpartExplicit reference
Inserted in the EU by Regulation (EU) 2019/2175 (by 1 Jan 2022), after exit.
Version history
- From 1 Jan 2022
Each entry is a consolidated version of the act on EUR-Lex in which this provision appears. The text itself is on the official site.