Updated 07/09/2024
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Article 82 - Specific provisions

Article 82

Specific provisions

1.   Member States shall ensure that their laws, regulations and administrative provisions provide for penalties and other administrative measures at least in respect of the following situations:

(a)

failure to draw up, maintain and update recovery plans, in breach of Article 9;

(b)

failure to provide all the information necessary for the development of resolution plans, in breach of Article 13; and

(c)

failure of the CCP to notify the competent authority when the CCP is failing or likely to fail, in breach of Article 70(1).

2.   Member States shall ensure that, in the cases referred to in paragraph 1, the administrative penalties and other administrative measures that can be applied include at least the following:

(a)

a public statement which indicates the natural person, CCP, or other legal person responsible and the nature of the infringement;

(b)

an order requiring the natural or legal person responsible to cease the conduct and to desist from a repetition of that conduct;

(c)

a temporary ban against the members of the senior management of the CCP or any other natural person, who is held responsible, to exercise functions in a CCP;

(d)

in the case of a legal person, administrative fines of up to 10 % of the total annual turnover of that legal person in the preceding business year. Where the legal person is a subsidiary of a parent undertaking, the relevant turnover shall be the turnover resulting from the consolidated accounts of the ultimate parent undertaking in the preceding business year;

(e)

in the case of a natural person, administrative fines of up to EUR 5 000 000, or in the Member States where the euro is not the official currency, the corresponding value in the national currency on 11 February 2021; and

(f)

administrative fines of up to twice the amount of the benefit derived from the infringement where that benefit can be determined.