art_18__para_3
3. Member States shall ensure that, when determining the type of administrative sanctions or other administrative measures referred to in paragraph 1 and the level of administrative pecuniary sanctions, competent authorities shall take into account all relevant circumstances, including, where appropriate: the gravity and the duration of the breach; the degree of responsibility of the natural or legal persons responsible for the breach; the financial strength of the natural or legal persons responsible for the breach, including the total turnover of legal persons or the annual income of natural persons; the importance of profits gained or losses avoided by the legal persons responsible for the breach; any losses incurred by third parties as a result of the breach; the level of cooperation with the relevant competent authorities; previous breaches by the natural or legal persons responsible for the breach; any potential systemic consequences of the breach.
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Source: EUR-Lex CELLAR · retrieved 2026-09-05 · Text as adopted (Official Journal); later amendments are not incorporated in this text.