S.L. 460.6 Art. 9Infringements and administrative fines.

(1) It shall be a breach of this Order if a person:

(a) does not submit or submits incorrectly or incompletely any data or information as may be required by the competent authority in terms of this Order;

(b) obtains a certificate through false or incomplete information;

(c) is responsible for the arrival in Malta of goods listed in the Annex without a marketing certificate when such a certificate is necessary in terms of this Order;

(d) purchases from other Member States of the European Union or from outside the Community, without the necessary marketing certificate, goods listed in the Annex for which a certificate is necessary;

(e) fails to keep records as required by this Order.

(2) Whosoever is in breach of this Order shall be subject to an administrative fine which shall, for a first offence, be not less than two thousand and three hundred and twenty-nine euro and thirty-seven cents (€2,329.37) and not more than eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87) and to a further administrative fine of not less than fifty-eight euro and twenty-three cents (€58.23) and not more than one hundred and sixteen euro and forty-seven cents (€116.47) for each subsequent day that the offence continues. For subsequent offences, traders shall be liable to an administrative fine of not less than eleven thousand and six hundred and forty-six euro and eighty-seven cents (€11,646.87) and not more than twenty-three thousand and two hundred and ninety-three euro and seventy-three cents (€23,293.73) and to a further administrative fine of not less than one hundred and sixteen euro and forty-seven cents (€116.47) and not more than two hundred and thirty-two euro and ninety-four cents (€232.94) for each subsequent day that the offence continues.

(3) In determining the amount of an administration fine regard shall be had, in particular, to the nature and extent of the infringement, its duration and its impact on the market.