Article 33 7

(a)

the duration or temporal effects, the nature and the gravity of the infringement;

(b)

any action taken by the operator, undertaking, mine operator or importer to timely mitigate or remedy the damage;

(c)

the intentional or negligent character of the infringement;

(d)

any previous or repeated infringements by the operator, undertaking, mine operator or importer;

(e)

the economic benefits gained or losses avoided, directly or indirectly, by the operator, undertaking, mine operator or importer due to the infringement, if the relevant data are available;

(f)

the size of the operator, undertaking, mine operator or importer;

(g)

the degree of cooperation with the authorities;

(h)

the manner in which the infringement became known to the authorities, in particular whether, and if so to what extent, the operator, undertaking, mine operator or importer timely notified the infringement;

(i)

any other aggravating or mitigating factor applicable to the circumstances of the case, including third party actions.