Article 31 — Exercise of supervisory powers and imposition of sanctions — compare

Showing 5 of 5Release 1 Nov 2026Details

Coverage: MAR: every English consolidation from 1 Jan 2021. Older wording is not held and is not replaced by any other text. Not covered: national guidance, court decisions.
Freshness: Release a4f2a049 published 1 Nov 2026, 17:41 CET. This article checked word for word against EUR-Lex on 26 Oct 2026.
Shown: Showing 5 of 5
Failures: None.
Incomplete: No.

From: 1 January 2021 · Consolidated version of 1 January 2021 · Checked against EUR-Lex on 26 Oct 2026 · Official source
To: 2 November 2026 · Consolidated version of 5 June 2026 · Checked against EUR-Lex on 26 Oct 2026 · Official source

1.Member States shall ensure that when determining the type and level of administrative sanctions, competent authorities take into account all relevant circumstances in order to apply proportionate sanctions, including, where appropriate:

31(1)(a)

(a)the gravity and duration of the infringement;

31(1)(b)

(b)the degree of responsibility of the person responsible for the infringement;

31(1)(c)

(c)the financial strength of the person responsible for the infringement, as indicated, for example, by the total turnover of a legal person or the annual personal income of a natural person;

31(1)(d)

(d)the importance of the profits gained or losses avoided by the person responsible for the infringement, insofar as they can be determined;

31(1)(e)

(e)the level of cooperation of the person responsible for the infringement with the competent authority, without prejudice to the need to ensure disgorgement of profits gained or losses avoided by that person;

31(1)(f)

(f)previous infringements by the person responsible for the infringement; ~~and~~

31(1)(g)

(g)measures taken by the person responsible for the infringement to prevent its repetition.; and

31(1)(h)

(h)the disadvantage for the person responsible for the infringement resulting from the duplication of criminal and administrative proceedings and penalties for the same conduct.

31(2)

2.In the exercise of their powers to impose administrative sanctions and other administrative measures under Article 30, competent authorities shall cooperate closely to ensure that the exercise of their supervisory and investigative powers, and the administrative sanctions that they impose, and the other administrative measures that they take, are effective and appropriate under this Regulation. They shall coordinate their actions in accordance with Article 25 in order to avoid duplication and overlaps when exercising their supervisory and investigative powers and when imposing administrative sanctions in respect of cross-border cases.