Calculation of the baseline amount
Article 4
1. Where a competent Eurosystem central bank calculates the baseline amount, the quantitative aspects of the alleged infringement on which it bases its calculation referred to in Article 3(1) and the economic size on which it bases its calculation referred to in Article 3(2) shall be determined as relevant in accordance with this Article. 2. The economic size of the reporting agent shall be determined by reference to: (a) in the case of a failure to comply with reporting requirements on payment statistics set out in Regulation (EU) No 1409/2013 (ECB/2013/43), in respect of account information services only, the total number of clients and, otherwise, the total value of the payment transactions, of the reporting agent most recently reported by it as at the date of the alleged infringement in accordance with that Regulation; (b) in the case of a failure to comply with statistical reporting requirements on securities in custody set out in Regulation (EU) No 1011/2012 (ECB/2012/24), the total value of securities deposited with the custodian most recently reported by that custodian as at the date of the alleged infringement in accordance with that Regulation; (c) in the case of a failure to comply with statistical reporting requirements other than those referred to in points (a) and (b), the amount of the total assets of the reporting agent as determined from the statistical information on the balance sheet of the reporting agent most recently reported by it as at the date of the alleged infringement in accordance with the applicable ECB regulations. However, if, as at the date of the alleged infringement, the relevant reporting agent is not in compliance with its obligations to report the statistical information that is necessary for the determination of its economic size, the competent Eurosystem central bank shall instead determine the economic size using the statistical information which has been most recently submitted to that competent Eurosystem central bank or is otherwise available to it. 3. For the purposes of determining the economic size of the reporting agent, the competent Eurosystem central bank shall take into account the economic size of the relevant reporting agent as a proportion of the total economic size of: (a) in the case of reporting pursuant to Regulation (EU) No 1333/2014 (ECB/2014/48), all the reporting agents in the relevant reference reporting population; (b) in all other cases, all the reporting agents in the relevant actual reporting population. 4. The frequency of the alleged infringement shall be determined by reference to the number of alleged infringements that have occurred in the period of non-compliance to which the infringement procedure relates. 5. Where an alleged infringement relates to the failure to report any statistical information to the ECB or competent NCB by the relevant deadline as described in the applicable ECB regulation or decision, the duration of the alleged infringement shall be determined by reference to: (a) in the case of direct reporting, the total number of working days of delay in submitting the statistical information following the ECB deadline; (b) in all other cases, the total number of working days of delay in submitting the statistical information following the NCB deadline comprising (i) the number of working days prior to the ECB deadline; and (ii) the number of working days after the ECB deadline. 6. Where an alleged infringement relates to the reporting of information which is incorrect, incomplete or in a form not in compliance with the requirement as described in the applicable ECB regulation or decision, the size of the discrepancy shall be determined by reference to the difference in the absolute value between the incorrect statistical information and the correct statistical information.