LeX-Ray
Financial Penalties for Infringement of Certain Obligations in Connection with Marketing Authorisations Granted Under Regulation (EC) No 7262004 of the European Parliament and of the Council Regulation
Article 1: Subject-matter and scope
Article 2: Complementarity of procedures
Article 3: Cooperation by the competent authorities of the Member States
Article 4: Burden of proof
Article 5: Initiation of the infringement procedure
The Agency shall inform the Commission that it intends to initiate the infringement procedure.
Article 6: Request for information
The Agency shall state the purpose of the request and the fact that it is made under this Regulation, and indicate a time-limit for the submission of the reply by the marketing authorisation holder, which shall be at least four weeks.
Where the request is in response to a request from a Member State under Article 5(1), that Member State shall be informed by the Agency.
Article 7: Notification
The notification shall set out the allegations against the marketing authorisation holder, specifying the provision allegedly infringed, and the evidence on which those allegations are founded.
It shall give notice to the marketing authorisation holder that fines or periodic penalty payments may be imposed.
Article 8: Requests by the Agency
Requests shall be addressed in writing to the marketing authorisation holder. The Agency shall state the legal basis and the purpose of the request, fix a time-limit by which the information is to be provided, which shall be at least four weeks, and inform the marketing authorisation holder of the fines provided for in Article 19(1)(a) and (b) for failing to comply with the request or for supplying incorrect or misleading information.
Requests shall be addressed in writing and shall state the legal basis and the purpose of the request, and shall fix a time-limit by which the information should be provided, which shall be at least four weeks.
Article 9: Right to be heard
It shall do so in writing, indicating a time-limit for the submission of those observations, which shall be at least four weeks.
Article 10: Content and time-limits
Article 11: Statement of objections
Article 12: Right to reply
That time-limit shall be at least four weeks.
The Commission shall not be obliged to take into account written observations received after the expiry of that time-limit.
Article 13: Oral hearing
The date for the oral hearing shall be set by the Commission.
Article 14: Requests for information
Requests shall be addressed in writing to the marketing authorisation holder. The Commission shall state the legal basis and the purpose of the request, fix a time-limit by which the information is to be provided, which shall be at least four weeks, and inform the marketing authorisation holder of the fines provided for in Article 19(1)(c) and (d) for failing to comply with the request or supplying incorrect or misleading information.
Requests shall be addressed in writing and shall state the legal basis and the purpose of the request. Where the request is addressed to the Agency or a national competent authority, the time-limit by which the information is to be provided shall be determined by the Commission after consultation of the Agency or the national competent authority to which the request is addressed, having regard to the specific circumstances of the case. Where the request is addressed to other natural or legal persons, it shall fix a time-limit by which the information is to be provided, which shall be at least four weeks.
Article 15: New period of inquiry
The Commission shall clearly indicate to the Agency the points of fact which it should further examine and, if appropriate, suggest possible measures of inquiry to that effect.
Article 16: Forms of financial penalty and maximum amounts
Periodic penalty payments may be imposed for a period running from the date of notification of that decision until the infringement has been brought to an end.
Article 17: Decision
Article 18: Principles governing the application and quantification of financial penalties
Article 19: Financial penalties
Periodic penalty payments may be imposed for a period running from the date of notification of that decision until the non-cooperation has ceased.
Article 20: Procedure
The Commission shall not be obliged to take into account written observations received after the expiry of that time-limit.
Article 21: Access to the file
Documents obtained through access to the file shall be used only for the purposes of judicial or administrative proceedings for the application of this Regulation.
Article 22: Legal representation
Article 23: Confidentiality and professional secrecy
The Agency and the Commission may also require marketing authorisation holders and other persons to identify any part of a report by the Agency, of a statement of objections or of a decision adopted by the Commission which in their view contains business secrets.
The Agency and Commission may set a time-limit within which the marketing authorisation holder and other persons are to:
Article 24: Application of time-limits
In the case of a communication from the marketing authorisation holder, it shall be sufficient for the purposes of the relevant time-limits for the communication to have been dispatched by registered post before the relevant time-limit has expired.
Article 25: Limitation periods for the imposition of financial penalties
In the case of the financial penalties provided for in Article 19, the right of the Commission to adopt a decision imposing such a penalty shall expire after three years.
Time shall begin to run on the day on which the infringement is committed. However, in the case of continuing or repeated infringements, time shall begin to run on the day on which the infringement ceases.
Article 26: Limitation periods for the collection of financial penalties
Article 27: Transitional provision
Article 28: Entry into force
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Footnote p0: This Regulation shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 14 June 2007.