Title VII: COMPETENT AUTHORITIES, EBA AND ESMA | Chapter 5

Article 133

Disclosure, nature, enforcement and allocation of fines and periodic penalty payments

1.   EBA shall disclose to the public every fine and periodic penalty payment that has been imposed pursuant to Articles 131 and 132, unless such disclosure to the public would seriously jeopardise financial stability or cause disproportionate damage to the parties involved. Such disclosure shall not contain personal data. 2.   Fines and periodic penalty payments imposed pursuant to Articles 131 and 132 shall be of an administrative nature. 3.   Fines and periodic penalty payments imposed pursuant to Articles 131 and 132 shall be enforceable in accordance with the rules of civil procedure in force in the State in the territory of which the fine or periodic penalty payment is enforced. 4.   The amounts of the fines and periodic penalty payments shall be allocated to the general budget of the Union. 5.   Where, notwithstanding Articles 131 and 132, EBA decides not to impose fines or penalty payments, it shall inform the European Parliament, the Council, the Commission, and the competent authorities of the Member State concerned and shall set out the reasons for its decision.

Related Recitals (Preamble)

Recitals provide interpretive context and policy rationale for the legislative provisions.

(106)
EBA supervisory powers

Summary: To supervise issuers of significant asset-referenced tokens and of significant e-money tokens, EBA should have the powers, amongst others, to carry out on-site inspections, take supervisory measures and impose fines.