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1. Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive.

2. Member States shall, by the date of application of this Regulation referred to in Article 46, second paragraph, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.

3. Member States shall ensure that the national API supervision authorities, when deciding whether to impose a penalty and when determining the type and level of penalty, take into account relevant circumstances, which may include:

(a) the nature, gravity and duration of the infringement;

(b) the degree of the air carrier’s fault;

(c) previous infringements by the air carrier;

(d) the overall level of cooperation of the air carrier with the competent authorities;

(e) the size of the air carrier, such as the annual number of passengers carried;

(f) whether previous penalties have already been applied by other national API supervision authorities to the same air carrier for the same infringement.

4. Member States shall ensure that a recurrent failure to transfer API data in accordance with Article 6(1) is subject to proportionate financial penalties of up to 2 % of the air carrier’s global turnover of the preceding financial year. Member States shall ensure that failure to comply with other obligations set out in this Regulation is subject to proportionate penalties, including financial penalties.