Article 30b
Effective application of sanctions
When laying down rules pursuant to Article 30, Member States shall require that, when determining the type and level of administrative sanctions and measures, competent authorities are to take into account all relevant circumstances, including where appropriate:
(a)
the gravity and the duration of the breach;
(b)
the degree of responsibility of the responsible person;
(c)
the financial strength of the responsible person, for example as indicated by the total turnover of the responsible undertaking or the annual income of the responsible person, if that person is a natural person;
(d)
the amounts of the profits gained or losses avoided by the responsible person, in so far as they can be determined;
(e)
the level of cooperation of the responsible person with the competent authority;
(f)
previous breaches by the responsible legal or natural person.
Additional factors may be taken into account by competent authorities, where such factors are specified in national law.