EU · MiFIR · TITLE VIa ESMA POWERS AND COMPETENCES · CHAPTER 2 Administrative sanctions and other administrative measures

Article 38k MiFIRProcedural rules for taking supervisory measures and imposing fines

In force

Read the official text on EUR-Lex(opens in a new tab)

AI-generated What this provision does

Sets ESMA's procedure for supervisory measures and fines against data reporting services providers: an independent investigation officer investigates, hears the persons concerned and submits a file, ESMA decides after hearing them, rights of defence and access to the file are protected, and matters may be referred for criminal prosecution.

Amendments and application dates

Amending act	Change	Applies from
Regulation (EU) 2019/2175	Provision inserted	by 1 Jan 2022

Level 2: delegated and implementing acts

Delegated actIn forceLegal basis
Commission Delegated Regulation (EU) 2025/1768 of 7 May 2025 amending Delegated Regulation (EU) 2022/803 as regards rules of procedure for the exercise of the power to impose fines or periodic penalty payments by the European Securities Markets Authority with respect to consolidated tape providers
European Commission · 2 Sept 2025 · EUR-Lex
AI summaryAmends Delegated Regulation 2022/803 so that ESMA's rules of procedure for fines and periodic penalty payments also cover consolidated tape providers, following the 2024 MiFIR review.
Delegated actIn forceLegal basis
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
European Commission · 24 May 2022 · EUR-Lex
AI summarySets ESMA's rules of procedure for imposing fines and periodic penalty payments on data reporting services providers it supervises, covering investigation officer proceedings, rights of the defence and access to the file, interim decisions, limitation periods, and collection of penalties.

Commentary

No law-firm commentary is linked to this provision yet.

219 more documents relate to MiFIR as a whole without naming an article.

UK counterpart

No UK counterpartExplicit reference
Inserted in the EU by Regulation (EU) 2019/2175 (by 1 Jan 2022), after exit.

Version history

From 1 Jan 2022

Each entry is a consolidated version of the act on EUR-Lex in which this provision appears. The text itself is on the official site.