art_74__para_2

2. Member States shall ensure that the penalties established pursuant to this Article give due regard to the following, as applicable: the nature, gravity and duration of the infringement; where appropriate, the intentional or negligent character of the infringement; the financial situation of the natural or legal person held responsible; the economic benefits derived from the infringement by the natural or legal person held responsible, insofar as they can be determined; the environmental damage caused by the infringement; any action taken by the natural or legal person held responsible to mitigate or remedy the damage caused; the repetitive or singular character of the infringement; any other aggravating or mitigating factor applicable to the circumstances of the case.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-12 · Text as adopted (Official Journal); later amendments are not incorporated in this text.