Art. 64
European Market Infrastructure Regulation · 32012R0648 · every event for this act · on EUR-Lex
3 changes recorded across 3 events, newest first.
in force 2020-06-18 MODIFIED±0§
Amended by Regulation (EU) 2019/834 32019R0834
applies from: unknown
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in force 2019-12-18 MODIFIED§
Amended by Regulation (EU) 2019/834 32019R0834
applies from: unknown
Sources disagree — the amending act's instructions found this change; the text comparison finds no difference in the provision's text and the EU's own amendment metadata does not list it. All are shown; none is overruled.
No explanation shipped — the structural diff did not see this change, so it carries no text; another signal named the unit and the disagreement ships as `disputed`.
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in force 2019-06-17 MODIFIED§
Amended by Regulation (EU) 2019/834 32019R0834
applies from: unchanged
Paragraph 4 now describes the material submitted by the investigation officer as "the findings referred to in paragraph 3" rather than "his findings", changes the notification wording from notifying "that fact" to notifying the persons under investigation directly, and rephrases the exclusion from file access from confidential information affecting third parties to confidential information or ESMA's internal preparatory documents.
Paragraph 8 changes the referral obligation from referring matters for criminal prosecution to referring matters to the relevant authorities for investigation and possible criminal prosecution, and narrows the triggering finding to facts that ESMA knows to be liable to constitute a criminal offence under applicable law, while also adding that ESMA must refrain from imposing fines only where it is aware of a prior acquittal or conviction with res judicata effect.
Cited: Art. 64, v1 · Art. 64, v2
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