[FINAL] applying to determine what approach to take. This will not limit a Competent Authority’s ability to apply the penalty it feels is appropriate to the circumstances, but will encourage it to factor in other regimes if this is appropriate. Competent Authorities will be free to decide whether to use existing regulatory enforcement regimes or the NIS enforcement regime, if existing regimes are more appropriate to the circumstances and proposed response. In all consideration of penalties, Competent Authorities will be required to determine that the penalty be appropriate and proportionate to the contravention in respect of which it is imposed. Competent Authorities will take into account representations from the operator, steps taken to comply with the NIS Directive, actions taken to remedy any consequences, as well as other legislation that may have been breached. Page 17