4. Administrative financial penalties referred to in paragraph 3, point (a), shall be proportionate to the environmental damage, where applicable, and effectively deprive those responsible of the economic benefits derived from their infringements. The level of administrative financial penalties shall gradually increase for repeated infringements.
In the case of unlawful production, import, export, placing on the market or use of ozone-depleting substances, or of products and equipment containing those substances or whose functioning relies upon those substances, the maximum amount of the administrative financial penalty shall be at least five times the market value of the ozone-depleting substances or products and equipment concerned. Where such infringements are repeated within a five-year period, the maximum amount of the administrative financial penalty shall be at least eight times the market value of the ozone-depleting substances or products and equipment concerned.