Article 35 5

(a)

the duration and frequency of the infringement;

(b)

whether financial crime has been committed or facilitated or is otherwise attributable to the infringement;

(c)

whether the infringement has been committed intentionally or negligently;

(d)

the degree of responsibility of the person responsible for the infringement;

(e)

the financial strength of the ESG rating provider, as indicated by its total annual net turnover;

(f)

the impact of the infringement on the interests of investors and on other users of ESG ratings;

(g)

the importance of the profits gained and losses avoided by the ESG rating provider or the losses for third parties derived from the infringement, insofar as such profits and losses can be determined;

(h)

the level of cooperation of the ESG rating provider with ESMA, without prejudice to the need to ensure the disgorgement of profits gained or losses avoided by that ESG rating provider due to the infringement;

(i)

any previous infringements by the ESG rating provider;

(j)

measures taken after the infringement by the ESG rating provider to prevent its repetition.