+Article 8d Effective application of penalties
---+Article 8d 1.
---+Article 8d 2.

Article 8d Effective application of penalties

1. Ülevaade

,
Article 8d 1.

In order to ensure that penalties are effective, proportionate and dissuasive, Member States shall ensure that, when determining and applying the type and level of administrative penalty for a company or other legal or natural person found by competent authorities to be liable, in accordance with Article 8, for an infringement within the meaning of Article 4, the competent authorities take into account all relevant circumstances of the infringement, in particular:

(a) 

the nature, gravity and the duration of the discharge;

(b) 

the degree of culpability or fault of the responsible person, within the meaning of the legal system of the Member State concerned;

(c) 

the damage caused by the discharge to the environment or human health, including, where relevant, its impact on fishing, tourism and coastal communities;

(d) 

the financial capacity of the company or other legal or natural person liable;

(e) 

the economic benefits generated or expected to be generated for the company or other legal or natural person liable from the infringement, where applicable;

(f) 

measures taken by the company or other legal or natural person liable in order to prevent the discharge or mitigate its impact;

(g) 

the level of cooperation of the company or other legal or natural person liable for the infringement with the competent authority, including any action aiming to circumvent or obstruct an appropriate inspection or other investigation by a competent authority; and

(h) 

any previous ship-source pollution infringement by the company or other legal or natural person liable.
Article 8d 2.
Member States shall not set or apply administrative penalties for infringements under this Directive at a level that is too low to ensure the effectiveness, proportionality and dissuasive nature of those penalties.

1.1 Viited

1.2 Tuvastatud nõuded

1.3 Seotud standardid

2. Tuvastatud nõuded

Nõuded

3. Seotud standardid

Standardid