Periodic penalty payments for non-cooperation
Article 16
1. At the Agency's request or at its own initiative, the Commission may by decision impose on certificate holders periodic penalty payments per day not exceeding [0,5] % of the average daily income or turnover of the certificate holders in the preceding business year where, intentionally or negligently: (a) they do not comply with a measure of inquiry adopted pursuant to Article 5; (b) they supply incorrect or misleading information in response to a measure of inquiry adopted pursuant to Article 5; (c) they do not comply with a request for information pursuant to Article 11; (d) they supply incorrect or misleading information in response to a request for information pursuant to Article 11. Periodic penalty payments may be imposed for a period running from the date of notification of that decision until the non-cooperation has ceased. 2. For the purposes of paragraph 1, the preceding business year refers to the business year preceding the date of the decision referred to in paragraph 1.