CHAPTER IIINFRINGEMENT PROCEDURE
SECTION 3Non-cooperation
Article 19Financial penalties
1.
The Commission may by decision impose on marketing authorisation holders fines not exceeding 0,5 % of their Community turnover in the preceding business year where, intentionally or negligently:
(a)
they do not comply with a measure of inquiry adopted pursuant to Article 8(1);
(b)
they supply incorrect or misleading information in response to a measure of inquiry adopted pursuant to Article 8(1);
(c)
they do not comply with a request for information pursuant to Article 14;
(d)
they supply incorrect or misleading information in response to a request for information pursuant to Article 14.
2.
Where the non-cooperation of the marketing authorisation holder continues, the Commission may, in the decision referred to in paragraph 1, impose periodic penalty payments per day not exceeding 0,5 % of the holder’s average daily Community turnover in the preceding business year.
Periodic penalty payments may be imposed for a period running from the date of notification of that decision until the non-cooperation has ceased.
3.
For the purposes of paragraphs 1 and 2, the preceding business year refers to the business year preceding the date of the decision referred to in paragraph 1.
Article 20Procedure
When the Commission intends to adopt a decision as referred to in Article 19(1), it shall first notify in writing the marketing authorisation holder, setting a time-limit within which the marketing authorisation holder may submit to the Commission his written observations. 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.