Source: OJ L, 2024/1504, 30.5.2024Current language: EN
- Markets in crypto-assets
Significant ART/EMT issuer
- Fines and penalties of the EBA
Article 7 Limitation periods for the enforcement of penalties
Summary What does Article 7 of the Fines and penalties of the EBA say?
Article 7 governs the time limits within which the EBA can enforce its penalty decisions — specifically those relating to fines and periodic penalty payments.
It is the enforcement counterpart to Article 6, which deals with limitation periods for imposing penalties in the first place.
Here, the focus shifts to what happens after a decision has already been made final: how long the EBA has to actually collect on it, and what events can pause or reset that clock.
Important points:
- The EBA has a five-year limitation period to enforce final penalty decisions, starting the day after the decision becomes final.
- The limitation period restarts each time the EBA or a competent authority acting at the EBA's request takes any action to enforce payment of a fine or periodic penalty payment.
- The limitation period is suspended when time to pay is granted, or when enforcement is suspended due to a pending appeal before the EBA Board of Appeal or a review by the Court of Justice of the European Union.
Springlex's summary of the article, a reading aid, not a substitute for the legal text.
The power of the EBA to enforce decisions taken pursuant to Articles 131 and 132 of Regulation (EU) 2023/1114 shall be subject to a limitation period of five years.
The limitation period referred to in paragraph 1 shall be calculated from the day following that on which the decision becomes final.
The limitation period for the enforcement of penalties shall be interrupted by any action of EBA, or of a competent authority acting at the request of the EBA, in accordance with Article 138 of Regulation (EU) 2023/1114, designed to enforce payment or payment terms and conditions of the fine or periodic penalty payment.
Each interruption referred to in paragraph 3 shall restart the limitation period.
The limitation period for the enforcement of penalties shall be suspended for so long as:
time to pay is allowed;
enforcement of payment is suspended pursuant to a pending decision of the EBA Board of Appeal in accordance with Article 60 of Regulation (EU) No 1093/2010, and a review by the Court of Justice of the European Union in accordance with Article 136 of Regulation (EU) 2023/1114.
Springlex and this text is meant purely as a documentation tool and has no legal effect. No liability is assumed for its content. The authentic version of this act is the one published in the Official Journal of the European Union.
Definition
placing of crypto-assets
Definition
official currency
Definition
distributed ledger
Definition
reception and transmission of orders for crypto-assets on behalf of clients
Definition
exchange of crypto-assets for funds
Definition
consensus mechanism
Definition
operation of a trading platform for crypto-assets
Definition
e-money token
Definition
crypto-asset service
- providing custody and administration of crypto-assets on behalf of clients;
- operation of a trading platform for crypto-assets;
- exchange of crypto-assets for funds;
- exchange of crypto-assets for other crypto-assets;
- execution of orders for crypto-assets on behalf of clients;
- placing of crypto-assets;
- reception and transmission of orders for crypto-assets on behalf of clients;
- providing advice on crypto-assets;
- providing portfolio management on crypto-assets;
- providing transfer services for crypto-assets on behalf of clients;
Definition
offer to the public
Definition
providing advice on crypto-assets
Definition
offeror
Definition
execution of orders for crypto-assets on behalf of clients
Definition
crypto-asset service provider
Definition
crypto-asset
Definition
DLT network node
Definition
funds
Definition
client
Definition
asset-referenced token
Definition
issuer
Definition
exchange of crypto-assets for other crypto-assets
Definition
electronic money token
Definition
providing custody and administration of crypto-assets on behalf of clients
Definition
providing transfer services for crypto-assets on behalf of clients
Definition
distributed ledger technology
Definition
competent authority
- designated by each Member State in accordance with Article 93 concerning offerors, persons seeking admission to trading of crypto-assets other than asset-referenced tokens and e-money tokens, issuers of asset-referenced tokens, or crypto-asset service providers;
- designated by each Member State for the application of Directive 2009/110/EC concerning issuers of e-money tokens;