CHAPTER IINON-COMPLIANCE PROCEDURE
SECTION 1 Inquiry
Article 10Report
1.
The Agency shall provide the Commission, the Member States and the certificate holder with a report summarising its findings in the light of the inquiry conducted in accordance with this Section. The Agency shall also submit to the Commission the file under inquiry.
2.
Where the report by the Agency concludes that the certificate holder has breached provisions of Regulation (EC) No 216/2008 or its implementing rules, the report shall also include:
(a)
an assessment of the circumstances of the case in accordance with the criteria set out in Article 15 of this Regulation;
(b)
a request to the Commission for imposition of a fine or a periodic penalty payment;
(c)
a reasoned proposal containing the amount of the fine or periodic penalty payment.
3.
The Agency shall adopt its report no later than [12 months] after notification of initiation of the non-compliance procedure in accordance with Article 4 or [6 months] after notification by the Commission of the return of the file in accordance with Article 12.