Art. 3 Procedural rules in infringement proceedings before the EBA with regard to periodic penalty payments | Fines and penalties of the EBA | MiCA

This article sets out the procedural requirements the EBA must follow before and when imposing periodic penalty payments under Article 132 of Regulation (EU) 2023/1114.

It mirrors the due process logic seen in Article 2 for fines, but applies specifically to the ongoing, daily-accruing nature of periodic penalty payments.

The article covers the EBA's obligation to notify the person under investigation, allow for a response, and ensure any formal decision contains the necessary details.

It also clarifies when a periodic penalty payment must stop.

Important points:

The EBA is required to issue a statement of findings before imposing a periodic penalty payment, specifying the reasons and the daily amount of non-compliance.
The person subject to investigation has at least four weeks to submit written submissions, after which the EBA is not obliged to consider them.
Once the person subject to the decision has complied with it, the periodic penalty payment shall no longer be imposed.

1. Before adopting a decision imposing a periodic penalty payment pursuant to Article 132 of Regulation (EU) 2023/1114, the EBA shall submit a statement of findings to the person subject to investigation 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.
2. The statement of findings shall set a time limit of at least four weeks within which the person subject to investigation may make written submissions. The EBA 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.
1. The EBA 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.
1. A decision by the EBA to impose a periodic penalty payment shall indicate the legal basis and the reasons for the decision, the amount and the starting date of the periodic penalty payment.
1. Once the person subject to the relevant decision referred to in Article 132(1) of Regulation (EU) 2023/1114, has complied with that decision, a periodic penalty payment shall no longer be imposed.