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Article 25q Supervisory measures by ESMA

1. Where, in accordance with Article 25i(5), ESMA finds that a Tier 2 CCP has committed one of the infringements listed in Annex III, it shall take one or more of the following decisions:

(a) require the CCP to bring the infringement to an end;

(b) impose fines under Article 25j;

(c) issue public notices;

(d) withdraw the recognition of the CCP, or its recognition for a particular service, activity or class of financial instruments, under Article 25p.

2. When taking the decisions referred to in paragraph 1, ESMA shall take into account the nature and seriousness of the infringement, having regard to the following criteria:

(a) the duration and frequency of the infringement;

(b) whether the infringement has revealed serious or systemic weaknesses in the CCP's procedures or in its management systems or internal controls;

(c) whether financial crime has been occasioned, facilitated or otherwise attributable to the infringement;

(d) whether the infringement has been committed intentionally