Recital 31

(31) In addition to supervisory powers to apply administrative measures, and in order to ensure compliance, in any cases of breaches of directly applicable requirements, the Authority should be able to impose pecuniary sanctions on the selected obliged entities. For serious, repeated or systematic breaches, the Authority should always apply pecuniary sanctions. Such sanctions should be proportionate and dissuasive, should have both punitive and deterrent effect, and should comply with the principle of ne bis in idem. The maximum amounts of pecuniary sanctions should be in line with those established by Directive (EU) 2024/1640 and available to all supervisory authorities across the Union. The basic amounts of those sanctions should be determined within the limits established by the AML/CFT framework, taking into account the nature of the requirements that have been breached. In order for the Authority to adequately take aggravating or mitigating factors into account, adjustments to the relevant basic amount should be possible. With the objective of achieving a timely end to the damaging business practice, the Executive Board of the Authority should be empowered to impose periodic penalty payments to compel the relevant legal or natural person to cease the relevant conduct. With the aim of heightening awareness of all obliged entities, by encouraging them to adopt business practices in line with the AML/CFT framework, the pecuniary sanctions and periodic penalty payments should be disclosed. The disclosure regime for administrative measures as well as the pecuniary sanctions and periodic penalty payments imposed by the Authority and detailed in this Regulation should be closely aligned with that at national level, as provided by Directive (EU) 2024/1640. The Court of Justice should have jurisdiction to review the legality of decisions adopted by the Authority, the Council and the Commission, in accordance with Article 263 TFEU, as well as to determine their non-contractual liability.

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Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.