Commission Delegated Regulation (EU) 2022/803 of 16 February 2022 supplementing Regulation (EU) No 600/2014 of the European Parliament and of the Council by specifying rules of procedure for the exercise of the power to impose fines or periodic penalty payments by the European Securities Markets Authority regarding data reporting service providers (Text with EEA relevance)

Article 1

Scope

This Delegated Regulation applies to ‘data reporting services providers’, or ‘DRSPs’, as defined in Article 2(1)(36a) of Regulation (EU) No 600/2014, that are subject to ESMA supervision.

Article 2

Rules of procedure in infringement proceedings before the investigation officer

Article 3

Rules of procedure in infringement proceedings before ESMA with regard to fines and supervisory measures

The complete file to be submitted by the investigation officer to ESMA shall include the following documents:

(a) the statement of findings and a copy thereof addressed to the person subject to the investigation;

(b) a copy of the written submissions by the person subject to the investigation;

(c) the minutes of any oral hearing.

Article 4

Rules of procedure in infringement proceedings before ESMA with regard to periodic penalty payments

Article 5

Rules of procedure for interim decisions on supervisory measures

ESMA shall set a time limit of at least four weeks within which the person subject to the interim decision may make written submissions on that decision. ESMA shall not be obliged to take into account written submissions received after the expiry of that time limit.

Upon request, ESMA shall grant access to the file to the person subject to the interim decision. File documents accessed shall be used only for the purposes of judicial or administrative proceedings concerning the application of Regulation (EU) No 600/2014.

ESMA may invite the person subject to the interim decision to attend an oral hearing. The persons subject to the interim decision may be assisted by a counsel of their choice. Oral hearings shall not be public.

Where ESMA considers, after having heard the person subject to the interim decision, that an infringement of the provisions referred to in Article 38g(1) of Regulation (EU) No 600/2014 has been committed by the person subject to the interim decision, it shall adopt a confirmatory decision imposing one or more supervisory measures laid down in Article 38g of Regulation (EU) No 600/2014. ESMA shall immediately notify that decision to the persons subject to the interim decision.

Article 6

Access to the file and use of documents

Article 7

Limitation periods for the imposition of fines and periodic penalty payments

Article 8

Limitation periods for the enforcement of penalties

The limitation period for the enforcement of penalties shall be interrupted by:

(a) a notification by ESMA to the person subject to the proceedings, of a decision varying the original amount of the fine or periodic penalty payment;

(b) any action of ESMA, or of a national competent authority acting at the request of ESMA in accordance with Article 38o of Regulation (EU) No 600/2014, designed to enforce payment or payment terms and conditions of the fine or periodic penalty payment.

The limitation period for the enforcement of penalties shall be suspended for so long as:

(a) time to pay is allowed;

(b) enforcement of payment is suspended pursuant to a pending decision of ESMA Board of Appeal in accordance with Article 60 of Regulation (EU) No 1095/2010, and a review by the Court of Justice of the European Union in accordance with Article 38m of Regulation (EU) No 600/2014.

Article 9

Collection of fines and periodic penalty payments

Article 10

Entry into force and date of application

This Regulation shall enter into force and apply on the third day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.