Article 33Fines and periodic penalty payments applicable to financial contributions in the context of public procurement procedures

1. The Commission may impose fines or periodic penalty payments as set out in Article 17.

2. The Commission may, by decision, also impose fines upon the economic operators concerned that do not exceed 1 % of their aggregate turnover in the preceding financial year, where those economic operators intentionally or negligently supply incorrect or misleading information in a notification or declaration pursuant to Article 29 or in a supplement thereto.

3. The Commission may, by decision, impose fines upon the economic operators concerned that do not exceed 10 % of their aggregate turnover in the preceding financial year where those economic operators, intentionally or negligently:

(a)

fail to notify foreign financial contributions in accordance with Article 29 during the public procurement procedure;

(b)

circumvent or attempt to circumvent the notification requirements, as referred to in Article 39(1).