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Effective application of penalties and exercise of powers to impose penalties by supervisory authorities and resolution authorities Member States shall ensure that, when determining the type of administrative penalties or other administrative measures and the level of administrative fines, the supervisory authorities and resolution authorities take into account all relevant circumstances, including where appropriate:

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

(b) the degree of responsibility of the natural or legal person responsible;

(c) the financial strength of the natural or legal person responsible;

(d) the amount of profits gained or losses avoided by the natural or legal person responsible, insofar as those profits or losses can be determined;

(e) the losses for third parties, including policy holders, caused by the infringement, insofar as those losses can be determined;

(f) the level of cooperation of the natural or legal person responsible with the supervisory authority and the resolution authority;

(g) previous infringements by the natural or legal person responsible.

For the purposes of the first subparagraph, point (c), the indicators of financial strength of a natural or legal person shall include the total turnover of the responsible legal person or the annual income of the responsible natural person.