Regulatory-fine provisions relating to Delegated Regulation (EU) No 149/2013

(1) It is a regulatory offence for any person who breaches Delegated Regulation (EU) No 149/2013, as amended on 18 October 2022, by, intentionally or recklessly, 1. providing an indirect clearing service, contrary to Article 2(1)(a), Article 5a(1), first subparagraph, letter a, or Article 5b(1), first subparagraph, letter a, b or c, 2. failing to enter into a clearing agreement, or failing to enter into it correctly, completely or before providing the indirect clearing service, contrary to Article 2(2), first subparagraph, Article 5a(1), first subparagraph, letter b, or Article 5b(1), first subparagraph, letter d, 3. failing to transmit information referred to there, or failing to transmit it correctly, completely or in time, contrary to Article 4(3), first sentence, 4. failing to open an account referred to there, or failing to open it before providing the clearing services, or failing to maintain it, contrary to Article 4(4), 5. failing to establish a procedure referred to there, or failing to establish it before providing the clearing services, contrary to Article 4(5) in conjunction with paragraph 6, letter a, or paragraph 7, letter a or c, 6. failing correctly to offer a choice referred to there, or failing to ensure that a client referred to there is informed, contrary to Article 5(1), 7. failing correctly to keep a record or a settlement account, contrary to Article 5(3), 8. failing to include a condition referred to there in the clearing agreement, or failing to include it in time, contrary to Article 5(7), or 9. failing to take an arrangement referred to there, or failing to take it before providing the clearing services, contrary to Article 5(9).
(2) The regulatory offence may be sanctioned with a fine of up to EUR 100,000.