Cap. 545 Art. 12Imposition of administrative penalties.

(1) The Regulator may impose an administrative penalty upon any person who infringes any provision of this Act, regulations prescribed thereunder or of any other law which the

Regulator is entitled to enforce, or who fails to comply with any directive or decision given by the Regulator whether under this Act, regulations prescribed thereunder or under any other law which the Regulator is entitled to enforce, or who fails to comply with a legally-binding decision of the Agency for the Cooperation of Energy Regulators, or infringements of Regulation (EU) 2019/ 943, the network codes adopted pursuant to Article 59 of that Regulation, the guidelines adopted pursuant to Article 61 of that Regulation and on electricity undertakings not complying with their obligations under Regulation (EU) 2019/943 or who fails to comply with any condition of any authorisation granted under this Act.

(2) An administrative penalty imposed under sub-article (1) shall not exceed:

(a) one hundred thousand euro (€100,000) for each contravention and, or six hundred euro (€600) for each day of non-compliance, from the date of the decision given by the Regulator; and, or

(b) in the case of an undertaking (including a vertically integrated undertaking) or a body corporate, up to ten of the total turnover concerned in the per centum preceding business year: Provided that in the case of an undertaking, including a vertically integrated undertaking or a body corporate, a fine of up to ten of the annual per centum turnover concerned in the preceding business year, which amount exceeds one hundred thousand euro (€100,000) may, in any such case be imposed.