S.L. 437.115 Art. 36Offences, punishments and administrative penalties.

(1) Any person who contravenes or acts in breach of

Articles 5(1), 88(1)(a) and (b), 93, 99(1) and 134(1) of Regulation

(EU) 2019/6 and regulations 5, 6(2), 8, 11, 12(2), 15 and 16 shall be guilty of an offence against article 38 of the Act and shall be liable on conviction, to a fine (multa) exceeding five thousand euro (€5,000) but not exceeding ten thousand euro (€10,000), or to imprisonment for a term not exceeding six (6) months, or to both such fine and imprisonment.

(2) Any person who contravenes or acts in breach of Articles 88(1)(c) and 127(1) of Regulation (EU) 2019/6 and regulations 6(9), 17(1), 22(1) and 29(1) shall be guilty of an offence against article 38 of the Act and shall be liable on conviction, to a fine (multa) exceeding thousand euro (€3,000) but not exceeding seven thousand euro (€7,000), or to imprisonment for a term not exceeding three (3) months, or to both such fine and imprisonment.

(3) Any person who contravenes or acts in violation of regulation 35(1) shall be guilty of an offence against article 35 of the Act and shall be liable on conviction, to a fine (multa) exceeding three thousand euro (€3,000) but not exceeding seven thousand euro (€7,000), or to imprisonment for a term not exceeding three (3) months, or to both such fine and imprisonment.

(4) Any person who contravenes or acts in breach of Articles 58(6), (12) and (13), 95(1), 97(1), 101, 108(1), (2) and (5), and 121(1) of Regulation (EU) 2019/6 and regulation 18(8) shall be guilty of an offence against article 38 of the Act and shall be liable on conviction, to a fine (multa) exceeding five hundred euro (€500) but not exceeding one thousand euro (€1,000), or to imprisonment for a term not exceeding two (2) months, or to both such fine and imprisonment.

(5) Any person who contravenes or acts in breach of any other provision of Regulation (EU) 2019/6 and, or any of these regulations shall be guilty of an offence against article 38 of the Act and shall be liable on conviction, to a fine (multa) exceeding two hundred euro (€200) but not exceeding four hundred euro (€400), or to imprisonment for a term not exceeding one (1) month, or to both such fine and imprisonment:

Provided that the Director shall not be precluded from proceeding in accordance with the provisions of article 61 of the Act.