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Amendment of section 139ZW of Principal Act
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32. Section 139ZW of the Principal Act is amended—
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(a) by the substitution of the following subsection for subsection (1):
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“(1) In the case of a contravention falling within paragraph (a) of the definition of ‘contravention’ in section 139ZG—
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(a) where the inquiry subject is an individual, the amount of an administrative financial sanction imposed under section 139ZS shall not exceed €20,000,000, but shall not be such as would be likely to cause the inquiry subject to be adjudicated bankrupt, and
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(b) where the inquiry subject is not an individual, the amount of an administrative financial sanction imposed under section 139ZS shall not exceed—
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(i) €20,000,000, or
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(ii) if greater, 10 per cent of the relevant turnover of the inquiry subject in the financial year preceding the date of the decision under section 139ZS to impose the sanction,
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but shall not be such as would be likely to cause the inquiry subject to cease trading.”,
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(b) by the insertion of the following subsections after subsection (1):
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“(1A) In the case of a contravention falling within paragraph (b) or (d) of the definition of ‘contravention’ in section 139ZG, the amount of an administrative financial sanction imposed under section 139ZS shall not exceed 6 per cent of the turnover of the inquiry subject in the financial year preceding the date of the decision under section 139ZS to impose the sanction.
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(1B) In the case of a contravention falling within paragraph (c) of the definition of ‘contravention’ in section 139ZG, the amount of an administrative financial sanction imposed under section 139ZS shall not exceed one per cent of the income or turnover of the inquiry subject in the financial year preceding the date of the decision under section 139ZS to impose the sanction.”,
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(c) in subsection (2)—
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(i) by the substitution of “subsection (1)(b)(ii)” for “subsection (1)(b)”, and
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(ii) by the deletion of “of the provider”,
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(d) in subsection (3)—
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(i) by the substitution, other than in paragraphs (e) and (k), of “inquiry subject” for “provider” in each place where it occurs,
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(ii) in paragraph (e), by the substitution of “by the inquiry subject, or by any other person in which the inquiry subject” for “by the provider or by any person in which that provider”,
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(iii) in paragraph (k)—
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(I) by the substitution of “in the case of a body corporate, the extent to which” for “the extent to which”, and
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(II) by the substitution of “body” for “provider”,
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(iv) in paragraph (l), by the substitution of “income or turnover” for “turnover”, and
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(v) by the insertion of the following paragraph after paragraph (l):
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“(la) any views communicated by the European Commission under Article 59(3) that are relevant to the amount of the sanction;”,
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(e) in subsection (4), by the substitution of the following paragraph for paragraph (b):
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“(b) be set with a view to deterring the inquiry subject, and, where the inquiry subject is a provider of broadcasting services, audiovisual on-demand media services, designated online services or intermediary services, other such providers, from committing a contravention.”,
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and
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(f) by the deletion of subsection (5).
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