Periodic penalty payments. 1. The EFTA Surveillance Authority may, by decision, impose on undertakings or associations of undertakings periodic penalty payments not exceeding 5 % of the average daily turnover in the preceding business year per day and calculated from the date appointed by the decision, in order to compel them:
(a) to put an end to an infringement of Article 53 or Article 54 of the EEA Agreement, in accordance with a decision taken pursuant to Article 7;
(b) to comply with a decision ordering interim measures taken pursuant to Article 8;
(c) to comply with a commitment made binding by a decision pursuant to Article 9;
(d) to supply complete and correct information which it has requested by decision taken pursuant to Article 17 or Article 18(3);
(e) to submit to an inspection which it has ordered by decision taken pursuant to Article 20(4).
2. Where the undertakings or associations of undertakings have satisfied the obligation which the periodic penalty payment was intended to enforce, the EFTA Surveillance Authority may fix the definitive amount of the periodic penalty payment at a figure lower than that which would arise under the original decision. Article 23(4) shall apply correspondingly.
Periodic penalty payments. 1. ESMA shall, by decision, impose a periodic penalty payment in order to compel:
(a) a person to put an end to an infringement, in accordance with a decision taken pursuant to Article 51(1), point (d);
(b) a person as referred to in Article 47(1):
Periodic penalty payments. 1. The EFTA Surveillance Authority may by decision impose on the persons referred to in Article 3(1)(b) of the act referred to in point 1 of Annex XIV to the EEA Agreement (Regulation (EC) No 139/2004), undertakings or associations of undertakings periodic penalty payments not exceeding 5% of the average daily aggregate turnover of the undertaking or association of undertakings concerned within the meaning of Article 5 of the said act for each working day of delay, calculated from the date set in the decision, in order to compel them:
(a) to supply complete and correct information which it has requested by decision taken pursuant to Article 11(3);
(b) to submit to an inspection which it has ordered by decision taken pursuant to Article 13(4);
(c) to comply with an obligation imposed by decision pursuant to Article 6(1)(b), Article 7(3) or Article 8
Periodic penalty payments. 1. The Agency shall, by a decision, impose a periodic penalty payment in respect of a person subject to an investigation in order to compel that person:
(a) to submit to an on-site inspection ordered by a decision taken pursuant to Article 13a(6);
(b) to supply the information requested by a decision pursuant to Article 13b(2).
2. The periodic penalty payment shall be imposed on a daily basis until the person concerned complies with the relevant decisions referred to in Articles 13a(6) and 13b(2).
3. Periodic penalty payments shall be effective and proportionate. To that effect, the amount of a periodic penalty payment shall be 3 % of the average daily turnover in the preceding business year or, in the case of natural persons, 2 % of the average daily income in the preceding calendar year. A periodic penalty payment shall be calculated from the date stipulated in the decision imposing the periodic penalty payment.
4. A periodic penalty payment may be imposed for a period of no more than six months following the notification of the Agency’s decision.
5. By way of derogation from Articles 28 and 29 of Regulation (EU) 2019/942, the Agency’s decision shall be subject to review only by the Court of Justice.
