CHAPTER II

NON-COMPLIANCE PROCEDURE
SECTION 4

Non-cooperation

Periodic penalty payments for non-cooperation
Article 16
1
At the Agency's request or at its own initiative, the Commission may by decision impose on certificate holders periodic penalty payments per day not exceeding [0,5] % of the average daily income or turnover of the certificate holders in the preceding business year where, intentionally or negligently:
a
they do not comply with a measure of inquiry adopted pursuant to Article 5;
b
they supply incorrect or misleading information in response to a measure of inquiry adopted pursuant to Article 5;
c
they do not comply with a request for information pursuant to Article 11;
d
they supply incorrect or misleading information in response to a request for information pursuant to Article 11.
Periodic penalty payments may be imposed for a period running from the date of notification of that decision until the non-cooperation has ceased.
2
For the purposes of paragraph 1, the preceding business year refers to the business year preceding the date of the decision referred to in paragraph 1.

Procedure
Article 17
Where the Commission intends to adopt a decision as referred to in Article 16(1), it shall first notify in writing the certificate holder, setting a time-limit within which the certicate holder may submit written observations to the Commission.
The Commission shall not be obliged to take into account written observations received after the expiry of that time-limit.

Complementarity of procedures
Article 18
For the purposes of the initiation and conduct of the non-compliance procedure, the Commission and the Agency shall take into account:
1. any non-compliance procedures already initiated or concluded by a Member State or a third country against the same certificate holder and based on the same legal grounds and the same facts; and
2. any procedure initiated by the Agency pursuant to Regulation (EC) No 216/2008 against the same certificate holder and based on the same legal grounds and the same facts, with the view to amending, limiting, suspending or revoking the relevant certificate.