# Article 31 — Application of sanctions and measures by competent authorities

**Source:** [Regulation (EU) 2023/1113 — EUR-Lex](https://eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A32023R1113)

1. When determining the type of administrative sanctions or measures and the level of administrative pecuniary sanctions, the competent authorities shall take into account all relevant circumstances, including those listed in Article 60(4) of Directive (EU) 2015/849.
2. As regards administrative sanctions and measures imposed in accordance with this Regulation, Article 62 of Directive (EU) 2015/849 shall apply.

## What this means in practice

Article 31 anchors the ToFR sanctioning analysis to **AMLD5 Art. 60(4) factors**: gravity, duration, degree of responsibility, financial strength, profits gained/losses avoided, third-party losses, cooperation with the authority, previous breaches.

Para 2 imports **AMLD5 Art. 62** — meaning persons subject to ToFR sanctions enjoy the **right of appeal** and the procedural safeguards laid down for AMLD5 sanctions.


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