Adjustment of the baseline amount
Article 5
Where a competent Eurosystem central bank takes into consideration the circumstances and any other relevant information referred to in Article 3(1), point (b), and Article 3(2), point (b), it shall include in such considerations where relevant: (a) the good faith and the degree of openness of the reporting agent in the interpretation and fulfilment of statistical reporting requirements, including by reference to the circumstances in which the alleged infringement was identified, such as whether this was through voluntary notification by the reporting agent or as a result of investigatory action; (b) the degree of diligence and cooperation shown by the reporting agent, including by reference to the conduct of the reporting agent, such as its participation in, and assistance with, any infringement procedures or any procedures of the competent Eurosystem central bank which relate to ensuring compliance with statistical reporting requirements, and its readiness to remedy the alleged infringement; (c) the seriousness of the effects of the infringement, including by reference to the consequences of the alleged infringement such as the impact that the alleged infringement has on the relevant statistical outputs, or on the use of the statistical information for the tasks of the European System of Central Banks pursuant to the Treaty, or any detrimental third-party effect; (d) the repetition of the infringement, including by reference to any failure of the reporting agent to comply with its statistical reporting requirements on a repeated basis outside of the period of non-compliance to which the alleged infringement relates, which has not been the subject of another infringement procedure.