Persisting non-compliance may be less possible to be identified through random inspections as the possibility to inspect again the same data set is rather low. However, it could be identified through repetitive complaints by data users or through the combination or random inspections and complaints. <br/>In their current form, the Delegated Regulations require Member States to assess compliance by receiving self-declarations and performing random inspections of the self-declarations. By definition, the selection of self-declarations for inspection is a <b>random</b> <b>selection</b>. Random inspections are therefore not a procedure which would be suitable as such for identifying repetitive or persistent non-compliance.<br/>Gradually <b>increasing</b> the <b>consequences</b> for non-compliance is a strategy that could be followed in case of repetitive non-compliance. In the case of non-compliance identified through random inspections, the strategy of gradually increasing the consequences for non-compliance is feasible only when the identification of a data set or service as non-compliant in the random inspection leads to follow-up inspection. However, the Delegated Regulations are not clear about organizing a <b>follow-up inspection</b>. Such a procedure is not described in the Delegated Regulations but could be proposed as an extension of a random inspection. National regulations or changes in the Delegated Regulations may be needed to address the gap. The use of follow-up inspections is closely linked to the strategy of the national body to increase the level of compliance, national legislation on enforcement of administrative decisions and the actions selected by the National Body in an individual case of non-compliance. Follow-up inspections may be carried out to monitor the status of the data publications and services provided by the stakeholder and to provide instructions and guidance to the stakeholder. Follow-up inspections may also be required in a process in which administrative sanctions are applied (e.g. a conditional fine). The National Body should consider whether to accept a new self-declaration from a stakeholder which has earlier been found to be not in compliance with the requirements of the delegated act. The National Body may perform a follow-up inspection to resolve the conflict between the results of an earlier compliance assessment and the new self-declaration.<br/><br/>
