Article 31 — Exercise of supervisory powers and imposition of sanctions
- Member States shall ensure that when determining the type and level of administrative sanctions, competent authorities take into account all relevant circumstances, including, where appropriate:
- the gravity and duration of the infringement;
- the degree of responsibility of the person responsible for the infringement;
- the financial strength of the person responsible for the infringement, as indicated, for example, by the total turnover of a legal person or the annual income of a natural person;
- the importance of the profits gained or losses avoided by the person responsible for the infringement, insofar as they can be determined;
- the level of cooperation of the person responsible for the infringement with the competent authority, without prejudice to the need to ensure disgorgement of profits gained or losses avoided by that person;
- previous infringements by the person responsible for the infringement; and
- measures taken by the person responsible for the infringement to prevent its repetition.
- In the exercise of their powers to impose administrative sanctions and other administrative measures under Article 30, competent authorities shall cooperate closely to ensure that the exercise of their supervisory and investigative powers, and the administrative sanctions that they impose, and the other administrative measures that they take, are effective and appropriate under this Regulation. They shall coordinate their actions in accordance with Article 25 in order to avoid duplication and overlaps when exercising their supervisory and investigative powers and when imposing administrative sanctions in respect of cross-border cases.