Article 3, Paragraph 1. · ECB/2022/32

Contents

1.Proposed sanctions in the case of a cumulative alleged infringement referred to in Article 8(1) and (2) of Regulation (EU) 2022/1917 (ECB/2022/31) or in the case of an alleged infringement referred to in Article 8(3) of Regulation (EU) 2022/1917 (ECB/2022/31) shall be calculated in accordance with the following procedure:

(a)a baseline amount shall first be calculated by the competent Eurosystem central bank on the basis of the quantitative aspects of the alleged infringement, including where relevant:

(i)the economic size of the reporting agent;

(ii)the frequency of the infringement;

(iii)the duration of the infringement;

(iv)the size of the discrepancy between the correct and incorrect statistical information;

(b)the relevant circumstances in Article 2(3) of Regulation (EC) No 2532/98 which are not referred to in point (a) of this paragraph and any other relevant information shall then be taken into consideration and may require an adjustment to the baseline amount calculated in accordance with point (a).