Method for calculating administrative fines
Article 3
1. For the purpose of calculating the amount of administrative fines the Commission shall estimate the following amounts: (a) the economic advantage or other advantage obtained by the economic operator as a result of the non-compliance; (b) where possible, the losses to consumers as a result of the non-compliance. The advantages and losses thus assessed shall form the basis for the calculation of administrative fines. Where an advantage for the economic operator also constitutes a loss to consumers, it shall only be taken into account once. On the basis of the amounts referred to in points (a) and (b), the administrative fines shall be calculated having regard to the number of non-compliant vehicles registered in the Union market or the number of relevant non-compliant systems, components or separate technical units made available on the Union market. 2. When calculating the amount of administrative fines, the Commission shall take into account any aggravating or mitigating factors and other factors. 3. The aggravating factors referred to in paragraph 2 shall include the following elements: (a) the impact on the health and safety of persons or the negative impact on the environment due to the lowering of performance requirements of a vehicle; (b) the degree of negligence or intent of the economic operator including any attempt by the economic operator to hide or conceal relevant information for the establishment of non-compliance; (c) any unjustified refusal by the economic operator to provide information or evidence requested by the Commission. 4. The mitigating factors referred to in paragraph 2 shall include the following elements: (a) the efforts and cooperation of the economic operator in the detection of non-compliance; (b) any self-initiated corrective actions taken by the economic operator including their promptness; (c) any other reasonable and relevant mitigating factor demonstrated with appropriate evidence by the economic operator. 5. The other factors referred to in paragraph 2 shall include the repetition, the frequency or the duration of the non-compliance, and other sanctions imposed at Union or national level for non-compliance with EU type-approval rules during the 10 years preceding the establishment of the non-compliance. 6. The final administrative fine expressed in EUR shall be set at a level that ensures its effectiveness, proportionality and dissuasiveness.