Article 39
Periodic penalty payments
1.
The Board shall, by a decision, impose a periodic penalty payment in respect of an entity referred to in Article 2 in order to compel:
(a)
that entity to comply with a decision adopted under Article 34;
(b)
a person referred to in Article 34(1) to supply complete information which has been required by a decision pursuant to that Article;
(c)
a person referred to in Article 35(1) to submit to an investigation and, in particular, to produce complete records, data, procedures or any other material required and to complete and correct other information provided in an investigation launched by a decision taken pursuant to that Article;
(d)
a person referred to in Article 36(1) to submit to an on-site inspection ordered by a decision taken pursuant to that Article.
2.
A periodic penalty payment shall be effective and proportionate. A periodic penalty payment shall be imposed on a daily basis until the entity referred to in Article 2 or person concerned complies with the relevant decisions referred to in points (a) to (d) of paragraph 1 of this Article.
3.
Notwithstanding paragraph 2, the amount of a periodic penalty payment shall be 0,1 % of the average daily turnover in the preceding business year. A periodic penalty payment shall be calculated from the date stipulated in the decision imposing the periodic penalty payment.
4.
A periodic penalty payment may be imposed for a period of no more than six months following the notification of the Board's decision.