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Regulation (EU) 2025/1355 PART V — CORRECTIVE MEASURES AND SANCTIONS

Article 32–Article 33 · 2 articles

Compiled from an official source version. Later amendments or repeals may not be reflected; the official text prevails. · Read the official text ↗

Corrective measures

Article 32

1.   Where a SIPS operator has not complied with this Regulation or where there are reasonable grounds for suspecting that a SIPS operator has not complied with this Regulation, the competent authority may initiate a procedure to impose a corrective measure, in which case, the competent authority shall: (a) give written notice to the SIPS operator of the nature of the non-compliance or suspected non-compliance; and (b) give the SIPS operator the opportunity to be heard and to provide explanations. 2.   Taking into account the information provided by the SIPS operator, the competent authority may impose corrective measures on the SIPS operator to remedy the non-compliance and/or avoid repeating it. Where the SIPS operator is a branch, the corrective measures shall be imposed on the branch. 3.   The competent authority may impose corrective measures immediately if it finds that the non-compliance is serious enough to require immediate action. It shall provide reasons for its decision. 4.   A competent authority other than the ECB shall inform the ECB of its intention to impose corrective measures on a SIPS operator without undue delay. 5.   Corrective measures may be imposed independently of or in parallel to sanctions imposed under Council Regulation (EC) No 2532/98  ( 15 ) . 6.   The rules and procedure provided for in Decision (EU) 2017/2098 of the European Central Bank (ECB/2017/33)  ( 16 ) shall apply to the imposition of the corrective measures pursuant to this Article.

Sanctions

Article 33

1.   In the case of an infringement of this Regulation, the ECB may impose sanctions on the SIPS operator. Where the SIPS operator is a branch, the sanctions shall be imposed on the branch. 2.   Sanctions imposed pursuant to paragraph 1 shall be in accordance with Regulation (EC) No 2532/98 and Regulation (EC) No 2157/99 of the European Central Bank (ECB/1999/4)  ( 17 ) . The amount of the sanctions shall be calculated in accordance with Decision (EU) 2017/2097 of the European Central Bank (ECB/2017/35)  ( 18 ) .

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Source: EUR-Lex (Publications Office of the EU), © European Union, reuse permitted under Commission Decision 2011/833/EU.

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