in force 2022-01-01 MODIFIED+177 −22§
Amended by Regulation (EU) 2019/2175 32019R2175
applies from: unchanged
The wording of the reporting obligation is rephrased so that the annual timing is attached to the provision of aggregated information rather than to Member States' provision of it, and the exemption for investigatory measures is restated using 'shall not apply' instead of 'does not apply'.
ESMA's annual report is now required to also include aggregated information on all administrative sanctions and other administrative measures that ESMA itself has imposed pursuant to Article 48f, an addition not present in the earlier text.
Cited: Art. 45, v1 · Art. 45, v2
text before / after
02016R1011-20210213 → 02016R1011-20220101
Article 45
Publication of decisions
1. Subject to paragraph 2, a competent authority shall publish any decision imposing an administrative sanction or other administrative measure in relation to infringements of this Regulation on its official website immediately after the person subject to … 354 unchanged words … five years after its publication. Personal data contained in the publication shall only be kept on the official website of the competent authority for the period which is necessary in accordance with the applicable data protection rules.
5. Member States shall annually provide ESMA with aggregated information regarding all administrative sanctions and other administrative measures imposed pursuant to Article 42. 42 on an annual basis. That obligation does shall not apply to measures of an investigatory nature. ESMA shall publish that information in an annual report. report, together with aggregated information on all administrative sanctions and other administrative measures it has imposed pursuant to Article 48f.
Where Member States have chosen, in accordance with Article 42, to lay down criminal sanctions for infringements of the provisions referred to in that Article, their competent authorities shall annually provide ESMA with anonymised and aggregated data regarding all criminal investigations undertaken and criminal sanctions imposed. ESMA shall publish data on criminal sanctions imposed in an annual report.