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 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.