Under the Regulation on OTC derivatives, central counterparties and trade repositories (EMIR), the European Securities and Markets Authority (ESMA) is responsible for the registration and supervision of trade repositories and has the power to impose fines
and periodic penalty payments to trade repositories.
ESMA's powers to fine or impose penalties on trade repositories are set out in delegated acts which the European Commission has adopted. These specify the procedures to be followed by ESMA in the exercise of its power to impose fines or periodic penalty
payments, including rights of defence for trade repositories subject to a sanctioning procedure.