On 24 January 2014, the European Securities and Markets Authority ("ESMA") published its final report and technical advice (dated 20 December 2013) to the European Commission on the procedural rules to impose fines and periodic penalty payments on trade repositories under the European Market Infrastructure Regulation ("EMIR"). Under EMIR, ESMA is responsible for authorizing and supervising trade repositories, including imposing fines where a trade repository has intentionally or negligently committed an infringement listed in Annex 1 of EMIR and imposing periodic penalty payments to compel a trade repository to end an infringement or comply with EMIR. The European Commission is responsible for adopting rules of procedure for the exercise of the powers by ESMA. The final report and technical advice will now be considered by the European Commission.
The final report and technical advice are available at: http://www.esma.europa.eu/content/Technical-Advice-Commission-procedural-rules-impose-fines-and-periodic-penalty-payments-Trad.
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