Article 1 › 2

‘2. Member States shall ensure that in the cases referred to in paragraph 1, the measures that can be applied include at least the following: (a) administrative penalties: (i) in the case of a legal person, administrative pecuniary penalties of up to 10 % of the total annual net turnover of the undertaking; (ii) in the case of a natural person, administrative pecuniary penalties of up to EUR 5 million or, in the Member States whose currency is not the euro, the corresponding value in the national currency on 17 July 2013; (iii) administrative pecuniary penalties of up to twice the amount of the profits gained or losses avoided because of the breach, where those profits gained or losses avoided can be determined; (b) periodic penalty payments: (i) in the case of a legal person, periodic penalty payments of up to 5 % of the average daily net turnover which, in the case of an ongoing breach, the legal person shall be obliged to pay per day of breach until compliance with an obligation is restored; the periodic penalty payment may be imposed for a period of up to six months from the date set out in the decision of the competent authority requiring the termination of a breach and imposing the periodic penalty payment; (ii) in the case of a natural person, periodic penalty payments of up to EUR 50 000 or, in the Member States whose currency is not the euro, the corresponding value in the national currency on 9 July 2024, which, in the case of an ongoing breach, the natural person shall be obliged to pay per day of breach, until compliance with an obligation is restored; the periodic penalty payment may be imposed for a period of up to six months from the date set out in the decision of the competent authority requiring the termination of a breach and imposing the periodic penalty payment; (c) other administrative measures: (i) a public statement which identifies the natural person, institution, financial holding company, mixed financial holding company or intermediate EU parent undertaking responsible and the nature of the breach; (ii) an order requiring the natural or legal person responsible to cease the conduct and to desist from a repetition of that conduct; (iii) in the case of an institution, withdrawal of the authorisation of the institution in accordance with Article 18; (iv) subject to Article 65(2), a temporary ban against a member of the management body or any other natural person who is held responsible for the breach from exercising functions in institutions. For the purposes of the first subparagraph, point (b), Member States may set a higher maximum amount for periodic penalty payments to be applied per day of breach. By way of derogation from the first subparagraph, point (b), Member States may apply periodic penalty payments on a weekly or monthly basis. In that case, the maximum amount of periodic penalty payments to be applied for the relevant weekly or monthly period when a breach takes place shall not exceed the maximum amount of periodic penalty payments that would apply on a daily basis in accordance with that point for the relevant period. Periodic penalty payments may be imposed on a given date and start applying at a later date.’

1 national measure recorded under this provision, in 1 form — sign in to view the analysis.

← 4 · All articles · 3 →

Source: EUR-Lex CELLAR · retrieved 2026-09-04