(i)

in paragraphs 1 and 6, the words “and, as the case may be, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”;

(ii)

in paragraph 2, the following subparagraph shall be inserted:

“As regards the EFTA States, when a file is incomplete, ESMA shall inform the EFTA Surveillance Authority thereof. The EFTA Surveillance Authority shall make a reasoned request for additional documents to the investigation officer.”

(iii)

in paragraph 3, the words “or, as regards the EFTA States, the EFTA Surveillance Authority” shall be inserted after the word “it”;

(iv)

in paragraph 4, the following subparagraph shall be inserted:

“As regards the EFTA States, where ESMA does not agree with the findings of the investigation officer, it shall inform the EFTA Surveillance Authority thereof. The EFTA Surveillance Authority shall submit a new statement of findings to the person subject to investigation. That statement of findings shall set a time limit of at least four weeks within which the person subject to investigation may make written submissions. ESMA, before preparing a draft for the EFTA Surveillance Authority, or the EFTA Surveillance Authority shall not be obliged to take into account written submissions received after the expiry of that time limit for adopting a decision on the existence of an infringement and on supervisory measures and the imposition of a fine in accordance with Articles 48e and 48f of Regulation (EU) 2016/1011.”

(v)

in paragraph 5, the following subparagraph shall be inserted:

“As regards the EFTA States, where ESMA agrees with all or some of the findings of the investigation officer, it shall inform the EFTA Surveillance Authority thereof. The EFTA Surveillance Authority shall inform the person subject to investigation accordingly. Such communication shall set a time limit of at least two weeks in case ESMA agrees with all of the findings, and at least four weeks in case ESMA does not agree with all of the findings, within which period the person subject to investigation may make written submissions. ESMA, before preparing a draft for the EFTA Surveillance Authority, or the EFTA Surveillance Authority shall not be obliged to take into account written submissions received after the expiry of that time limit for adopting a decision on the existence of an infringement and on supervisory measures and the imposition of a fine in accordance with Articles 48e and 48f of Regulation (EU) 2016/1011.”

(vi)

in paragraph 7, the words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”.

(i)

in paragraph 1, the words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”;

(ii)

in paragraph 4, the words “and, as regards the EFTA States, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”.

(i)

in paragraph 1, paragraph 2, first and second subparagraphs, paragraph 3, first subparagraph, and in paragraph 4, the words “or, as the case may be, the EFTA Surveillance Authority,” shall be inserted after the word “ESMA”;

(ii)

in paragraph 2, third and fourth subparagraph, the words “and, as the case may be, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”;

(iii)

in paragraph 3, the following subparagraph shall be inserted after the second subparagraph:

“As regards the EFTA States, where ESMA considers, after having heard the person subject to the interim decision, that an infringement of the provisions referred to in Article 38g(1) of Regulation (EU) No 600/2014 has been committed by the person subject to the interim decision, it shall inform the EFTA Surveillance Authority thereof. The EFTA Surveillance Authority shall adopt a confirmatory decision imposing one or more supervisory measures laid down in Article 48e of Regulation (EU) 2016/1011. The EFTA Surveillance Authority shall immediately notify that decision to the persons subject to the interim decision.”.

(i)

the words “and, as the case may be, the EFTA Surveillance Authority” shall be inserted after the first use of the word “ESMA”;

(ii)

the words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after the second use of the word “ESMA”.

(i)

in paragraph 3, the words “and, as regards the EFTA States, the EFTA Surveillance Authority” shall be inserted after the first use of the word “ESMA”;

(ii)

in paragraph 3, the words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after the second use of the word “ESMA”;

(iii)

in paragraph 5, the following subparagraph is inserted:

“The limitation period for imposing fines and periodic penalty payments shall be suspended for as long as the decision of the EFTA Surveillance Authority is subject to proceedings pending before the EFTA Court, in accordance with Article 36 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice.”.

(i)

in paragraphs 1 and 3, the words “or, as the case may be, the EFTA Surveillance Authority” shall be inserted after the word “ESMA”;

(ii)

in paragraph 5(b), the words “or, as regards the EFTA States, a review by the EFTA Court in accordance with Article 35 of the Agreement between the EFTA States on the Establishment of a Surveillance Authority and a Court of Justice” shall be inserted after the words “Regulation (EU) 2016/1011”.’.

(i)

in paragraph 2, the words “or, as regards the EFTA States, the default interest outlined in paragraphs 3 to 6 of this Article” shall be inserted after the words “the Council”;

(ii)

the following paragraphs shall be inserted after paragraph 2: