1. Without prejudice to paragraph 2, the Member States shall lay down rules on penalties applicable to infringements of the
provisions of this Regulation and shall take all measures neces sary to ensure that those provisions are implemented. The penal ties provided for must be effective, proportionate and dissuasive. The Member States shall notify the Commission by 1 July 2004 of those rules corresponding to the provisions laid down in Regu lation (EC) No 1228/2003 and shall notify the Commission with out delay of any subsequent amendment affecting them. They shall notify the Commission of those rules not corresponding to the provisions laid down in Regulation (EC) No 1228/2003 by
3 March 2011 and shall notify the Commission without delay of any subsequent amendment affecting them.
2. The Commission may, by decision, impose on undertakings fines not exceeding 1 % of the total turnover in the preceding business year where, intentionally or negligently, they supply incorrect, incomplete or misleading information in response to a request made pursuant to Article 20(3) or fail to supply informa tion within the time-limit fixed by a decision adopted pursuant to the first subparagraph of Article 20(5).
In setting the amount of a fine, the Commission shall have regard to the gravity of the failure to comply with the requirements of the first subparagraph.
3. Penalties provided for pursuant to paragraph 1 and deci sions taken pursuant to paragraph 2 shall not be of a criminal law nature.
Quelle und Stand des Gesetzes
