# PSR Article 98 — Periodic penalty payments

Textual state: amended_substantial. 62 words changed

- Current text: Council final compromise text (Council document 8221/26) — not yet law.
- Compared against: COM(2023) 367 final — superseded.
- Classification is mechanical; method: https://paymentslaw.eu/method/
- Editorial review state: not_assessed. Markers are curated and selective, not a complete assessment.

Word-level diff, proposal → compromise: `{+text+}` was inserted, `[-text-]` was deleted.

## Paragraph 1

1. Competent authorities shall be entitled to impose periodic penalty payments on legal or natural persons for [-failure to comply with any decision, order, interim measure, request, obligation -]{+ongoing breaches of this Regulation +}or [-other measure adopted -]{+breaches of any decisions issued by a competent authority +}in accordance with this Regulation. Periodic penalty payment referred to in the first subparagraph shall be effective and proportionate and shall consist of a daily amount to be paid until compliance is restored. They shall be imposed for a period not exceeding 6 months from the date indicated in the decision imposing the periodic penalty payments. Competent authorities shall be entitled to impose maximum periodic penalty payments of at least: (a) 3% of the average daily turnover in the case of a legal person; (b) EUR 30.000 in the case of a natural person. The average daily turnover shall be the total annual turnover referred to in Article 97(3), divided by 365. {+Where a periodic penalty payment is imposed on a credit institution, the average daily turnover shall be the total annual turnover referred to in Articles 66(3) and 67(3) of Directive 2013/36/EU, divided by 365.+}

## Paragraph 2

2. Member States may provide for higher amounts of pecuniary penalty payments than those laid down in paragraph 1.