ANNEX II - List of the coefficients linked to aggravating and mitigating factors for the application of Article 65(3)
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🔗 Back to Summary. 🇫🇷 French Version: 2012R0648_FR.II. Link to the PDF. Direct link to EUR-LEX.
Article I – List of infringements referred to in Article 65(1) ⬅️ | ➡️ Article III – List of infringements referred to in Article 25j(1)
The following coefficients shall be applicable, cumulatively, to the basic amounts referred to in Article 65(2):
I.
Adjustment coefficients linked to aggravating factors:
(a)
if the infringement has been committed repeatedly, for every time it has been repeated, an additional coefficient of 1,1 shall apply;
(b)
if the infringement has been committed for more than six months, a coefficient of 1,5 shall apply;
(c)
if the infringement has revealed systemic weaknesses in the organisation of the trade repository, in particular in its procedures, management systems or internal controls, a coefficient of 2,2 shall apply;
(d)
if the infringement has a negative impact on the quality of the data it maintains, a coefficient of 1,5 shall apply;
(e)
if the infringement has been committed intentionally, a coefficient of 2 shall apply;
(f)
if no remedial action has been taken since the breach has been identified, a coefficient of 1,7 shall apply;
(g)
if the trade repository’s senior management has not cooperated with ESMA in carrying out its investigations, a coefficient of 1,5 shall apply.
II.
Adjustment coefficients linked to mitigating factors:
(a)
if the infringement has been committed for less than 10 working days, a coefficient of 0,9 shall apply;
(b)
if the trade repository’s senior management can demonstrate to have taken all the necessary measures to prevent the infringement, a coefficient of 0,7 shall apply;
(c)
if the trade repository has brought quickly, effectively and completely the infringement to ESMA’s attention, a coefficient of 0,4 shall apply;
(d)
if the trade repository has voluntarily taken measures to ensure that a similar infringement cannot be committed in the future, a coefficient of 0,6 shall apply.