# PSR Article 99 — Elements to be considered when determining administrative sanctions and other administrative measures

Textual state: amended_substantial. 44 words changed

- Current text: Council final compromise text (Council document 8221/26) — not yet law.
- Compared against: COM(2023) 367 final — superseded.
- Classification is mechanical; method: https://paymentslaw.eu/method/
- Editorial review state: not_assessed. Markers are curated and selective, not a complete assessment.

Word-level diff, proposal → compromise: `{+text+}` was inserted, `[-text-]` was deleted.

## Paragraph 1

1. Competent authorities, when determining the type and level of administrative sanctions or other administrative measures, shall take into account all relevant elements and circumstances to apply proportionate sanctions, including: (a) the seriousness and the duration of the infringement; (b) the degree of responsibility of the natural or legal person responsible for the infringement; (c) the financial strength of the natural or legal person responsible for the breach, as indicated, among others, by the total annual turnover of the legal person, or the annual income of the natural person responsible for the infringement; (d) the magnitude of profits gained or losses avoided by the natural or legal person responsible for the infringement, insofar as they can be determined; (e) the losses for third parties resulted from the infringement, insofar as they can be determined; (f) {+criminal penalties previously imposed for +}the [-disadvantage resulting to -]{+same breach on +}the [-legal or -]natural {+or legal +}person responsible for [-the breach from the duplication of criminal and administrative proceedings and sanctions for the same conduct; -]{+that breach; +}(g) the impact of the infringement in the interests of consumers and other payment services users; (h) any actual or potential systemic negative consequences of the infringement; (i) the complicity or participation of more than one natural or legal person in the infringement; (j) previous [-infringements committed -]{+breaches +}by the natural or legal person responsible for the breach; (k) the level of cooperation of the natural or legal person responsible for the infringement with the competent authority; (l) any remedial action or measure undertaken by the legal or natural person responsible for the infringement to prevent its repetition.

## Paragraph 2

2. Competent authorities that use settlement agreements or expedited enforcement procedures in accordance with Article 96(4) shall adapt the relevant administrative sanctions and administrative measures laid down in Articles [-96, 97, -]{+96 +}and {+97 and periodic penalty payments laid down in Article +}98 to the case concerned to ensure the proportionality thereof.