5.

The following aggravating factors shall apply in respect of the fines referred to in paragraph 1: the infringement has been committed intentionally; the infringement has been committed repeatedly; the infringement has been committed over a period exceeding three months; the infringement has revealed systemic weaknesses in the organisation of the entity, in particular in its procedures, management systems or internal controls; no remedial action has been taken since the infringement was identified; the entity's senior management has not cooperated with the Board in carrying out its investigations.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-28 · Text as adopted (Official Journal); later amendments are not incorporated in this text.