On 8 July 2022, the European Securities and Markets Authority (ESMA) published the following reports:
- Sanctions and measures imposed under MiFID II in 2021. The report provides an overview of the applicable legal framework and the sanctions and measures imposed by national competent authorities (NCAs) under the MiFID II framework in 2021. The data reported for 2021, and included in this report, shows that NCAs’ activity on imposing sanctions and measures under MiFID II has decreased compared to the previous year.
- Penalties and measures imposed under the AIFMD in 2021. The ESMA is required to draw up an annual report on the application of administrative measures and imposition of penalties in the case of breaches of the provisions adopted in the implementation of the Alternative Investment Fund Managers Directive (AIFMD) in the different Member States pursuant to Article 48(3) AIFMD. This report contains information on the penalties and measures imposed by NCAs in the reporting period 2021. Overall, 10 NCAs imposed a total of 78 penalties; the total aggregated value of financial penalties imposed amounted to EUR 42,902,420, with one single amount of EUR 38,070,000 imposed by a single NCA.
- Penalties and measures imposed under the UCITS Directive in 2021. The ESMA is required to publish an annual report with aggregated information on all penalties and measures imposed by NCAs pursuant to Article 99e(1) of Directive 2009/65/EC (UCITS Directive). This report contains information on the penalties and measures imposed by NCAs in accordance with Article 99e of the UCITS Directive from 1 January 2021 to 31 December 2021. Overall, 12 NCAs imposed a total of 61 penalties; the total aggregated value of financial penalties imposed amounted to EUR 38,784,536, with an amount of EUR 37,120,000 imposed by a single NCA.