S.L. 549.65 Art. 6Penalties.

(1) Any person who commits an offence against these regulations shall on conviction be liable:

(a) for a first conviction, to a fine (multa) of not less than one thousand and one hundred and seventy euro (€1,170), but not exceeding two thousand and three hundred and thirty euro (€2,330);

(b) for a second conviction or subsequent convictions, to a fine (multa) of not less than two thousand and three hundred and thirty euro (€2,330), but not exceeding four thousand and six hundred and sixty euro (€4,660), or to imprisonment for a term not exceeding two (2) years, or to both such fine (multa) and imprisonment: Provided that without prejudice to paragraphs (a) and (b), whenever any person is found guilty of committing an offence under these regulations by means of a vehicle, the owner of the said vehicle, where applicable, shall be held liable in the same manner and degree: Provided further that without prejudice to the penalties for which the offender may be held liable in accordance with this regulation the Court may order any person who has been found guilty of committing an offence under these regulations to pay for the expenses incurred by the Authority as a result of the said offence, the revocation of the permit issued by the competent authority and the confiscation of the including the vehicle, corpus delicti, if applicable, and such person may also be excluded from public procurement procedures for a specified time period.

(2) In determining the applicable penalty, the following factors shall, where applicable, be taken into consideration:

(a) the nature, gravity and extent of the breach;

(b) the intentional or negligent character of the breach, where appropriate;

(c) the financial capacity of the natural or legal person held responsible;

(d) the economic benefits derived from the breach by the natural or legal person held responsible, insofar as they may be determined;

(e) the environmental damage caused by the breach;

(f) any action taken by the natural or legal person held responsible to mitigate or remedy the damage caused;

(g) the repetitive or isolated nature of the breach;

(h) any other aggravating or mitigating factor applicable to the circumstances of the case.