+Section 3 Sanctions, investigatory powers and right of appeal
---+Article 18 Administrative sanctions and other administrative measures
------+Article 18 1.
------+Article 18 2.
------+Article 18 3.
---+Article 19 Investigatory powers
---+Article 20 Publication of administrative sanctions and other administrative measures
------+Article 20 1.
------+Article 20 2.
------+Article 20 3.
------+Article 20 4.
---+Article 21 Reporting sanctions to EBA
---+Article 22 Reporting of breaches
------+Article 22 1.
------+Article 22 2.
---+Article 23 Right of appeal

Section 3 Sanctions, investigatory powers and right of appeal

Section 3 Sanctions, investigatory powers and right of appeal

1. Vue d’ensemble

,
Article 18 Administrative sanctions and other administrative measures
Article 19 Investigatory powers

Article 19

Investigatory powers

Member States shall ensure that competent authorities have all information‐gathering and investigatory powers that are necessary for the exercise of their functions, including:

(a) 

the power to require information from the following natural or legal persons:

(i) 

investment firms established in the Member State concerned;

(ii) 

investment holding companies established in the Member State concerned;

(iii) 

mixed financial holding companies established in the Member State concerned;

(iv) 

mixed‐activity holding companies established in the Member State concerned;

(v) 

persons belonging to the entities referred to in points (i) to (iv);

(vi) 

third parties to whom the entities referred to in points (i) to (iv) have outsourced operational functions or activities;

(b) 

the power to conduct all necessary investigations of any person referred to in point (a) that is established or located in the Member State concerned, including the right:

(i) 

to require the submission of documents by the persons referred to in point (a);

(ii) 

to examine the books and records of the persons referred to in point (a) and to make copies or extracts from those books and records;

(iii) 

to obtain written or oral explanations from the persons referred to in point (a) or from their representatives or staff;

(iv) 

to interview any other relevant person for the purpose of collecting information on the subject matter of an investigation;

(c) 

the power to conduct all necessary inspections at the business premises of the legal persons referred to in point (a) and any other undertakings included in the supervision of compliance with the group capital test, where the competent authority is the group supervisor, subject to the prior notification of other competent authorities concerned.
Article 20 Publication of administrative sanctions and other administrative measures
Article 21 Reporting sanctions to EBA

Article 21

Reporting sanctions to EBA

Competent authorities shall inform EBA of administrative sanctions and other administrative measures imposed pursuant to Article 18, of any appeal against those sanctions and other administrative measures and of the outcome thereof. EBA shall maintain a central database of administrative sanctions and other administrative measures communicated to it solely for the purpose of exchanging information between competent authorities. That database shall be accessible only to competent authorities and ESMA and it shall be updated regularly, and at least annually.

EBA shall maintain a website with links to each competent authority’s publication of administrative sanctions and other administrative measures imposed in accordance with Article 18 and shall state the period for which each Member State publishes administrative sanctions and other administrative measures.
Article 22 Reporting of breaches
Article 23 Right of appeal

Article 23

Right of appeal

Member States shall ensure that decisions and measures taken pursuant to Regulation (EU) 2019/2033 or pursuant to laws, regulations and administrative provisions adopted in accordance with this Directive are subject to a right of appeal.

1.1 Références

1.2 Exigences identifiées

1.3 Normes associées

2. Exigences identifiées

Exigences

3. Normes associées

Normes