Article 133 Disclosure, nature, enforcement and allocation of fines and periodic penalty payments

This article sits directly alongside Articles 131 and 132, which establish EBA's power to impose fines and periodic penalty payments on issuers of significant asset-referenced tokens and significant e-money tokens.

Article 133 deals with the downstream consequences of those penalties: how they are disclosed, what legal nature they carry, how they are enforced, and where the money goes.

It also addresses the scenario where EBA chooses not to impose a penalty at all, requiring transparency toward the EU institutions and national authorities in that case.

Important points:

• EBA is required to publicly disclose all fines and periodic penalty payments imposed, with two narrow exceptions: where disclosure would seriously jeopardise financial stability or cause disproportionate damage to the parties involved. Personal data must be excluded from any such disclosure.
• All fines and periodic penalty payments are administrative in nature and are enforceable under the civil procedure rules of the state where enforcement takes place, with amounts allocated to the general budget of the Union.
• Where EBA decides not to impose a fine or penalty payment, it must inform the European Parliament, the Council, the Commission, and the relevant national competent authorities, and provide reasons for that decision.