Regulation (EU) No 596/2014 of the European Parliament and of the CouncilShow full title

Article 31 U.K. Exercise of supervisory powers and imposition of sanctions

1. F1 ... When determining the type and level of administrative sanctions, [F2 the FCA must] take into account all relevant circumstances, including, where appropriate:

(a) the gravity and duration of the infringement;

(b) the degree of responsibility of the person responsible for the infringement;

(c) the financial strength of the person responsible for the infringement, as indicated, for example, by the total turnover of a legal person or the annual income of a natural person;

(d) the importance of the profits gained or losses avoided by the person responsible for the infringement, insofar as they can be determined;

(e) the level of cooperation of the person responsible for the infringement with the [F3 FCA], without prejudice to the need to ensure disgorgement of profits gained or losses avoided by that person;

(f) previous infringements by the person responsible for the infringement; and

(g) measures taken by the person responsible for the infringement to prevent its repetition.

F4 2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in Art. 31(1) omitted (31.12.2020) by virtue of The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 14(2)(a)(i)(aa); 2020 c. 1, Sch. 5 para. 1(1)

F2 Words in Art. 31(1) substituted (31.12.2020) by The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 14(2)(a)(i)(bb); 2020 c. 1, Sch. 5 para. 1(1)

F3 Words in Art. 31(1)(e) substituted (31.12.2020) by The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 14(2)(a)(ii); 2020 c. 1, Sch. 5 para. 1(1)

F4 Art. 31(2) omitted (31.12.2020) by virtue of The Market Abuse (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/310), regs. 1(3), 14(2)(b); 2020 c. 1, Sch. 5 para. 1(1)