ESMA shall disclose to the public every fine and periodic penalty payment imposed under Articles 65 and 66 unless such disclosure would seriously jeopardise the financial markets or cause disproportionate damage to the parties; disclosures must not contain personal data within the meaning of Regulation (EC) No 45/2001. Fines and periodic penalty payments are administrative in nature; where ESMA decides to impose no fines or penalty payments it must inform the European Parliament, the Council, the Commission and the competent authorities of the Member State concerned and set out the reasons. Amounts collected are allocated to the general budget of the European Union.

Fines and periodic penalty payments are enforceable and enforcement is governed by the civil procedure rules of the Member State in whose territory it is carried out. The order for enforcement is appended to the decision and requires only verification of the decision’s authenticity by the authority designated by each Member State and notified to ESMA and the Court of Justice; once those formalities are completed the party concerned may proceed to enforcement under national law before the competent body. Enforcement may be suspended only by the Court of Justice, and national courts have jurisdiction over complaints of irregular enforcement.