Article 51: Exercise of the power to impose administrative penalties and remedial measures

1. Competent authorities shall exercise the powers to impose administrative penalties and remedial measures referred to in Article 50 in accordance with their national legal frameworks, where appropriate, as follows:

(a)

directly;

(b)

in collaboration with other authorities;

(c)

under their responsibility by delegation to other authorities; or

(d)

by application to the competent judicial authorities.

2. Competent authorities, when determining the type and level of an administrative penalty or remedial measure to be imposed under Article 50, shall take into account the extent to which the breach is intentional or results from negligence, and all other relevant circumstances, including the following, where appropriate:

(a)

the materiality, gravity and the duration of the breach;

(b)

the degree of responsibility of the natural or legal person responsible for the breach;