Article 38j Disclosure, nature, enforcement and allocation of fines and periodic penalty payments

ESMA shall disclose to the public every fine and periodic penalty payment that has been imposed pursuant to Articles 38h and 38i unless such disclosure to the public would seriously jeopardise the financial markets or cause disproportionate damage to the parties involved. Such disclosure shall not contain personal data within the meaning of Regulation (EU) 2018/1725 of the European Parliament and of the Council ( 14 ).

Fines and periodic penalty payments imposed pursuant to Articles 38h and 38i shall be of an administrative nature.

Where ESMA decides to impose no fines or penalty payments, it shall inform the European Parliament, the Council, the Commission, and the competent authorities of the Member State concerned accordingly and shall set out the reasons for its decision.

Fines and periodic penalty payments imposed pursuant to Articles 38h and 38i shall be enforceable.

The amounts of the fines and periodic penalty payments shall be allocated to the general budget of the European Union.