On 6 May 2021, there was published in the Official Journal of the EU Commission Delegated Regulation (EU) 2021/732 of 26 January 2021 amending Delegated Regulation (EU) No 667/2014 with regard to the content of the file to be submitted by the investigation officer to the European Securities and Markets Authority (ESMA), the right to be heard with regard to interim decisions and the lodging of fines and periodic penalty payments.

Commission Delegated Regulation (EU) No 667/2014 was adopted on the basis of Article 64(7) of the European Market Infrastructure Regulation (EMIR) and deals with the rules of procedure for penalties imposed on trade repositories by ESMA, including rules on the right of defence. Regulation (EU) 2019/834 made certain amendments to EMIR that relate to those rules of procedure and the amendments in this latest Delegated Regulation are to ensure that the changes are reflected in Delegated Regulation (EU) No 667/2014.

The Delegated Regulation enters into force on the day following that of its publication in the Official Journal of the European Union.