Updated 21/10/2025
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Version from: 22/09/2025
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MiFIR ToolDelegated Regulation 2022/803
Article 8

Article 8 - Delegated Regulation 2022/803

Article 8

Limitation periods for the enforcement of penalties

1.  
The power of ESMA to enforce decisions taken pursuant to Articles 38h and 38i of Regulation (EU) No 600/2014 shall be subject to a limitation period of five years.
2.  
The limitation period referred to in paragraph 1 shall be calculated from the day following that on which the decision becomes final.
3.  

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.

4.  
Each interruption referred to in paragraph 3 shall restart the limitation period.
5.  

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.