Article 36b
Periodic penalty payments
1.
ESMA's Board of Supervisors shall by decision impose a periodic penalty payment in order to compel:
(a)
a credit rating agency to put an end to an infringement, in accordance with a decision taken pursuant to point (d) of Article 24(1);
(b)
a person referred to in Article 23b(1) to supply complete information which has been required by a decision pursuant to Article 23b;
(c)
a person referred to in Article 23b(1) to submit to an investigation and in particular to produce complete records, data, procedures or any other material required and to complete and correct other information provided in an investigation launched by a decision taken pursuant to Article 23c;
(d)
a person referred to in Article 23b(1) to submit to an on-site inspection ordered by a decision taken pursuant to Article 23d.
2.
A periodic penalty payment shall be effective and proportionate. The periodic penalty payment shall be imposed on a daily basis until the credit rating agency or person concerned complies with the relevant decision referred to in paragraph 1.
3.
Notwithstanding paragraph 2, the amount of a periodic penalty payment shall be 3 % of the average daily turnover in the preceding business year or, in the case of natural persons, 2 % of the average daily income in the preceding calendar year. It shall be calculated from the date stipulated in the decision imposing the periodic penalty payment.
4.
A periodic penalty payment may be imposed for a period of no more than six months following the notification of ESMA's decision.