109Since the competent authority has already, in its assessment of the seriousness of the acts committed by the person concerned and of that person’s individual responsibility, taken into account all the circumstances surrounding those acts and the situation of that person, it cannot — as the German, French, Netherlands and United Kingdom Governments have submitted — be required, if it reaches the conclusion that Article 12(2) applies, to undertake an assessment of proportionality, implying as that does a fresh assessment of the level of seriousness of the acts committed.