1. ESMA shall, by decision, impose periodic penalty payments in order to compel:
(a) a trade repository to put an end to an infringement in accordance with a decision taken pursuant to Article 73(1)(a); or
(b) a person referred to in Article 61(1):
(i) to supply complete information which has been requested by a decision pursuant to Article 61;
(ii) to submit to an investigation and in particular to produce complete records, data, procedures or any other material required and to complete and correct other information provided in an investigation launched by a decision pursuant to Article 62; or
(iii) to submit to an on-site inspection ordered by a decision taken pursuant to Article 63.
2. A periodic penalty payment shall be effective and proportionate. The periodic penalty payment shall be imposed for each day of delay.
3. Notwithstanding paragraph 2, the amount of the periodic penalty payments shall be 3 % of the average daily turnover in the preceding business year, or, in the case o…