S.L. 379.10 Art. 7Conditional immunity from penalties.

(1) Where the Director General receives a leniency application, he shall promptly assess the evidence submitted in support of the application in order to ascertain whether the applicant satisfies the conditions laid down in sub-paragraphs (i) or (ii) of paragraph (a) of regulation 5(1).

(2) If an applicant is the first to satisfy the conditions referred to in the preceding sub-regulation, the Director General shall grant the applicant conditional immunity from penalties and shall refrain from considering any other applications for immunity from penalties before he would have taken a final decision on that application. The Director General shall verbally inform the applicant, as soon as reasonably possible, of whether he has been granted conditional immunity from penalties, unless the applicant has requested that he shall be informed in writing.

(3) Subject to the first proviso of sub-regulation (2) of regulation 11, the granting of conditional immunity pursuant to the preceding sub-regulation shall provide assurance to the applicant that the Director General shall grant the applicant immunity from penalties if, at the end of the investigation, the Director General concludes that the applicant has also satisfied the conditions set out in regulation 10.