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Regulation (EU) No 596/2014 of the European Parliament and of the CouncilShow full title
Regulation (EU) No 596/2014 of the European Parliament and of the Council of 16 April 2014 on market abuse (market abuse regulation) and repealing Directive 2003/6/EC of the European Parliament and of the Council and Commission Directives 2003/124/EC, 2003/125/EC and 2004/72/EC (Text with EEA relevance)
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- Revised 03/07/20160.48 MB
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Changes over time for: Article 34
Changes to legislation:
Regulation (EU) No 596/2014 of the European Parliament and of the Council, Article 34 is up to date with all changes known to be in force on or before 17 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Article 34:
- Regulation revoked by 2023 c. 29 Sch. 1 Pt. 1
Changes and effects yet to be applied to the whole legislation item and associated provisions
- Art. 2(1)(c) words omitted by S.I. 2019/310 reg. 9(2)(a)(ii)(aa) (This amendment not applied to legislation.gov.uk. Reg. 9(2)(a)(ii) omitted immediately before IP completion day by virtue of S.I. 2020/1385, regs. 1(4), 51(3))
- Art. 2(1)(c) words omitted by S.I. 2019/310 reg. 9(2)(a)(ii)(bb) (This amendment not applied to legislation.gov.uk. Reg. 9(2)(a)(ii) omitted immediately before IP completion day by virtue of S.I. 2020/1385, regs. 1(4), 51(3))
- Art. 3.1(25) word substituted by S.I. 2019/310 reg. 10(2)(m)(i) (This amendment not applied to legislation.gov.uk. Reg. 10(2)(m) omitted immediately before IP completion day by virtue of S.I. 2020/1385, regs. 1(4), 51(4))
- Art. 3.1(25) words omitted by S.I. 2019/310 reg. 10(2)(m)(ii) (This amendment not applied to legislation.gov.uk. Reg. 10(2)(m) omitted immediately before IP completion day by virtue of S.I. 2020/1385, regs. 1(4), 51(4))
- Art. 18(8)(b) omitted by S.I. 2019/310 reg. 12(2)(d)(ii) (This amendment not applied to legislation.gov.uk. Reg. 12(2)(d)(ii) omitted immediately before IP completion day by virtue of S.I. 2020/1385, regs. 1(4), 51(6)(a))
- Art. 25(8)(b) words inserted by S.I. 2019/310 reg. 13(5)(b)(ii)(bb) (This amendment not applied to legislation.gov.uk. Reg. 13(5)(b)(ii)(bb) omitted immediately before IP completion day by virtue of S.I. 2020/1385, regs. 1(4), 51(7)(b))
- Art. 38(a) omitted by S.I. 2019/310 reg. 16(1)(a)(ii) (This amendment not applied to legislation.gov.uk. Reg. 16(1) substituted immediately before IP completion day by S.I. 2020/1385, regs. 1(4), 51(8))
- Art. 38(b) words substituted by S.I. 2019/310 reg. 16(1)(a)(iii) (This amendment not applied to legislation.gov.uk. Reg. 16(1) substituted immediately before IP completion day by S.I. 2020/1385, regs. 1(4), 51(8))
- Art. 38(d) omitted by S.I. 2019/310 reg. 16(1)(a)(iv) (This amendment not applied to legislation.gov.uk. Reg. 16(1) substituted immediately before IP completion day by S.I. 2020/1385, regs. 1(4), 51(8))
Article 34U.K.Publication of decisions
1.Subject to the third subparagraph, [F1the FCA] shall publish any decision imposing an administrative sanction or other administrative measure in relation to an infringement of this Regulation on [F2its website] immediately after the person subject to that decision has been informed of that decision. Such publication shall include at least information on the type and nature of the infringement and the identity of the person subject to the decision.
The first subparagraph does not apply to decisions imposing measures that are of an investigatory nature.
Where [F3the FCA] considers that the publication of the identity of the legal person subject to the decision, or of the personal data of a natural person, would be disproportionate following a case-by-case assessment conducted on the proportionality of the publication of such data, or where such publication would jeopardise an ongoing investigation or the stability of the financial markets, it shall do any of the following:
(a)defer publication of the decision until the reasons for that deferral cease to exist;
(b)publish the decision on an anonymous basis in accordance with [F4the law of the United Kingdom] where such publication ensures the effective protection of the personal data concerned;
(c)not publish the decision in the event that the [F5FCA] is of the opinion that publication in accordance with point (a) or (b) will be insufficient to ensure:
(i)
that the stability of financial markets is not jeopardised; or
(ii)
the proportionality of the publication of such decisions with regard to measures which are deemed to be of a minor nature.
Where [F6the FCA] takes a decision to publish a decision on an anonymous basis as referred to in point (b) of the third subparagraph, it may postpone the publication of the relevant data for a reasonable period of time where it is foreseeable that the reasons for anonymous publication will cease to exist during that period.
2.Where the decision is subject to an appeal before a national judicial, administrative or other authority, [F7the FCA] shall also publish immediately on [F8its website] such information and any subsequent information on the outcome of such an appeal. Moreover, any decision annulling a decision subject to appeal shall also be published.
3.[F9The FCA] shall ensure that any decision that is published in accordance with this Article shall remain accessible on [F10its website] for a period of at least five years after its publication. Personal data contained in such publications shall be kept on the website of the [F11FCA] for the period which is necessary in accordance with the applicable data protection rules.
Textual Amendments
F1Words in Art. 34(1) substituted (31.12.2020) by The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 14(5)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F2Words in Art. 34(1) substituted (31.12.2020) by The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 14(5)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F3Words in Art. 34(1) substituted (31.12.2020) by The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 14(5)(a)(ii)(aa); 2020 c. 1, Sch. 5 para. 1(1)
F4Words in Art. 34(1) substituted (31.12.2020) by The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 14(5)(a)(ii)(bb); 2020 c. 1, Sch. 5 para. 1(1)
F5Words in Art. 34(1) substituted (31.12.2020) by The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 14(5)(a)(ii)(cc); 2020 c. 1, Sch. 5 para. 1(1)
F6Words in Art. 34(1) substituted (31.12.2020) by The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 14(5)(a)(iii); 2020 c. 1, Sch. 5 para. 1(1)
F7Words in Art. 34(2) substituted (31.12.2020) by The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 14(5)(b)(i); 2020 c. 1, Sch. 5 para. 1(1)
F8Words in Art. 34(2) substituted (31.12.2020) by The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 14(5)(b)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F9Words in Art. 34(3) substituted (31.12.2020) by The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 14(5)(c)(i); 2020 c. 1, Sch. 5 para. 1(1)
F10Words in Art. 34(3) substituted (31.12.2020) by The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 14(5)(c)(ii); 2020 c. 1, Sch. 5 para. 1(1)
F11Word in Art. 34(3) substituted (31.12.2020) by The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 14(5)(c)(iii); 2020 c. 1, Sch. 5 para. 1(1)
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