I.- Failure to comply with the obligations set out in articles L. 4162-1 to L. 4162-3 will result in a penalty payable by the employer.
II-The amount of this penalty, set by decree by the Conseil d’Etat, may not exceed 1% of the remuneration or earnings, within the meaning of the first paragraph of article L. 242-1 of the Social Security Code and the first paragraph of article L. 741-10 of the Rural and Maritime Fishing Code, paid to the employees or assimilated workers concerned during the periods for which the company is not covered by the agreement or action plan mentioned in article L. 4162-2.
III-This penalty is imposed by the competent administrative authority defined by decree in the Conseil d’Etat, which specifies the amount.
IV-The proceeds of this penalty are allocated to the national bodies of the accidents at work and occupational diseases branch.
V.-Articles L. 137-3 and L. 137-4 of the Social Security Code are applicable to this penalty.