Art. 6 Limitation periods for the imposition of fines and periodic penalty payments | Fines and penalties of the EBA | MiCA

This article establishes the limitation period governing the EBA's power to impose fines and periodic penalty payments on persons under investigation.

It sets a five-year window within which enforcement action must be taken, and carefully defines when that clock starts, when it can be interrupted, and when it is suspended.

It should be read alongside Article 7, which deals with the separate limitation period for enforcing decisions once they have been made — together, the two articles form a complete framework governing the time boundaries around both the imposition and enforcement of financial penalties.

Important points:

The five-year limitation period begins the day after the infringement is committed, or, for continuing or repeated infringements, the day the infringement ceases.
The EBA or a competent authority acting at the EBA's request can interrupt the limitation period through investigative actions, restarting the five-year clock — though an absolute maximum of ten years applies if no fine or periodic penalty payment has been imposed.
The limitation period is suspended for as long as an EBA decision is subject to proceedings before the Board of Appeal or under review by the Court of Justice of the European Union.

1. Fines and periodic penalty payments on persons subject to investigation shall be subject to a limitation period of five years.
1. The limitation period referred to in paragraph 1 shall begin on the day following that on which the infringement is committed. In the case of continuing or repeated infringements, that limitation period shall begin on the day on which the infringement ceases.
1. Any action taken by the EBA or by the competent authority acting at the request of the EBA in accordance with Article 138(1) of Regulation (EU) 2023/1114 for the purpose of the investigation in respect of an infringement listed in Annex V or VI to Regulation (EU) 2023/1114 shall interrupt the limitation period for the imposition of fines and periodic penalty payments. That limitation period shall be interrupted with effect from the date on which the action is notified to the person subject to investigation in respect of an infringement listed in Annex V or VI to Regulation (EU) 2023/1114.
1. Any interruption referred to in paragraph 3 shall restart the limitation period. The limitation period shall expire at the latest on the day on which a period equal to twice the limitation period has elapsed without the EBA having imposed a fine or a periodic penalty payment. That period shall be extended by the time during which limitation is suspended pursuant to paragraph 5.
1. The limitation period for imposing fines and periodic penalty payments shall be suspended for as long as the decision of the EBA is subject to proceedings pending before the Board of Appeal referred to in Article 60 of Regulation (EU) No 1093/2010 of the European Parliament and of the Council(²), or is subject to a review by the Court of Justice of the European Union in accordance with Article 136 of Regulation (EU) 2023/1114.