1.
Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.
2.
The following non-exhaustive and indicative criteria shall be taken into account for the imposition of penalties, where appropriate:
(a)
the nature, gravity, scale and duration of the infringement;
(b)
any action taken by the trader to mitigate or remedy the damage suffered by consumers;
(c)
any previous infringements by the trader;
(d)
the financial benefits gained or losses avoided by the trader due to the infringement, if the relevant data are available;
(e)
penalties imposed on the trader for the same infringement in other Member States in cross-border cases where information about such penalties is available through the mechanism established by Regulation (EU) 2017/2394 [/Regulation (EU) [New CPC Regulation]];
(f)
any other aggravating or mitigating factors applicable to the circumstances of the case.
3.
When penalties are to be imposed in accordance with Article 21 of Regulation (EU) 2017/2394 [/Regulation (EU) [New CPC Regulation]], they shall include the possibility either to impose fines through administrative procedures or to initiate legal proceedings for the imposition of fines, or both, the maximum amount of such fines being at least 4% of the trader’s annual turnover in the Member State or Member States concerned. Without prejudice to that Regulation, Member States may, for national constitutional reasons, restrict the imposition of fines to:
(a)
infringements of Articles 6, 7, 8, 9, of the obligations in Chapter III and of Annex I; and
(b)
a trader’s continued use of a commercial practice that has been found to be unfair by the competent national authority or court, when that commercial practice is not an infringement referred to in point (a).
4.
For cases where a fine is to be imposed in accordance with paragraph 3, but information on the trader’s annual turnover is not available, Member States shall introduce the possibility to impose fines, the maximum amount of which shall be at least EUR 2 million.
5.
Member States shall, without delay, notify the Commission of any amendment affecting the rules and measures referred to in paragraph 1.
6.
The Commission may impose fines not exceeding 6% of the trader’s worldwide annual turnover pursuant to Article 43 of Regulation (EU) [New CPC Regulation] for infringements of this Regulation investigated by the Commission in accordance with Chapter III of Regulation (EU) [New CPC Regulation].