Article 78Limitation period for the enforcement of penalties

1. The power of the Commission to enforce decisions taken pursuant to Articles 74 and 76 shall be subject to a limitation period of five years.

2. Time shall begin to run on the day on which the decision becomes final.

3. The limitation period for the enforcement of penalties shall be interrupted:

(a)

by notification of a decision varying the original amount of the fine or periodic penalty payment or refusing an application for variation;

(b)

by any action of the Commission, or of a Member State acting at the request of the Commission, designed to enforce payment of the fine or periodic penalty payment.

4. Each interruption shall start time running afresh.

5. The limitation period for the enforcement of penalties shall be suspended for so long as:

(a)

time to pay is allowed;

(b)

enforcement of payment is suspended pursuant to a decision of the Court of Justice of the European Union or to a decision of a national court.