Article 2
Rules of procedure to be followed by ESMA with regard to fines and supervisory measures
1. The investigating officer shall submit the following documents to ESMA:
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(a) |
the statement of findings and a copy thereof that the investigating officer addressed to the person subject to the investigation; |
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(b) |
copy of the written submissions by the person subject to the investigation; |
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(c) |
the minutes of any oral hearing. |
2. When a file is incomplete, ESMA shall make a reasoned request for additional documents to the investigating officer.
3. Where ESMA considers that the facts described in the statement of findings of the investigating officer do not to constitute one or more infringements as listed in Article 60(1) of Regulation (EU) 2023/2631, it shall decide to close the case. ESMA shall notify that decision to close the case to the person subject to investigation.
4. Where ESMA agrees with all or some of the findings of the investigating officer, it shall inform the person subject to investigation thereof. Such communication shall set a time limit of at least two weeks where ESMA agrees with all of the findings of the investigating officer, and at least four weeks where ESMA does not agree with all of the findings, within which period the person subject to investigation may make written submissions. ESMA shall not be obliged to take into account written submissions received after the expiry of that time limit.
5. ESMA may invite the person subject to investigation to whom a statement of findings has been addressed to attend an oral hearing. The person subject to investigation may be assisted by a counsel of their choice. Oral hearings shall not be public.
6. Where ESMA decides that a person subject to investigation has committed one or more of the infringements listed in Article 60(1) of Regulation (EU) 2023/2631 and has adopted a decision imposing a fine in accordance with Article 60 of that Regulation, it shall immediately notify that decision to the person on whom the fine is imposed.