Annex IV sets out coefficients to be applied cumulatively to the basic amounts under Article 25j(2) for the purposes of Article 25j(3). Aggravating coefficients are: repeated infringement — an additional 1.1 for every repetition; duration over six months — 1.5; systemic organisational weaknesses (procedures, management systems or internal controls) — 2.2; negative impact on the quality of CCP activities and services — 1.5; intentional breach — 2; failure to take remedial action after the breach was identified — 1.7; and lack of senior management cooperation with ESMA investigations — 1.5.

Mitigating coefficients are: duration under ten working days — 0.9; senior management demonstrating that all necessary preventive measures were taken — 0.7; the CCP bringing the infringement quickly, effectively and completely to ESMA’s attention — 0.4; and voluntary measures to ensure a similar infringement cannot recur — 0.6. All listed coefficients are applied cumulatively to the basic amounts referred to in Article 25j(2).