in force 2024-05-20 MODIFIED+1,390 −15§
Amended by Regulation (EU) 2024/1183 32024R1183
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2022-12-14
Sources disagree — the text comparison and the EU's own amendment metadata found this change; the amending act's instructions do not mention it. All are shown; none is overruled.
The single sentence on penalties in the earlier text is replaced by a numbered structure with three paragraphs, the first stating that Member States shall lay down penalty rules without prejudice to Article 31 of Directive (EU) 2022/2555, the second setting minimum maximum administrative fine amounts for qualified and non-qualified trust service providers, and the third addressing how fines may be initiated and imposed under national legal systems.
The earlier text contained no reference to Directive (EU) 2022/2555, no fine amounts, and no provision on the division of roles between supervisory bodies and courts, all of which appear only in the later text.
Cited: Art. 16, v2 · Art. 16, v1
text before / after
texts differ too much for an inline diff; shown separately
before (32014R0910)
Article 16 Penalties Member States shall lay down the rules on penalties applicable to infringements of this Regulation. The penalties provided for shall be effective, proportionate and dissuasive.
after (02014R0910-20240520)
Article 16 Penalties 1. Without prejudice to Article 31 of Directive (EU) 2022/2555 of the European Parliament and of the CouncilDirective (EU) 2022/2555 of the European Parliament and of the Council of 14 December 2022on measures for a high common level of cybersecurity across the Union, amending Regulation (EU) No 910/2014 and Directive (EU) 2018/1972, and repealing Directive (EU) 2016/1148 (NIS 2 Directive) (OJ L 333, 27.12.2022, p. 80)., Member States shall lay down the rules on penalties applicable to infringements of this Regulation. Those penalties shall be effective, proportionate and dissuasive. 2. Member States shall ensure that infringements of this Regulation by qualified and non-qualified trust service providers be subject to administrative fines of a maximum of at least: (a) EUR 5000000 where the trust service provider is a natural person; or (b) where the trust service provider is a legal person, EUR 5000000 or 1 % of the total worldwide annual turnover of the undertaking to which the trust service provider belonged in the financial year preceding the year in which the infringement occurred, whichever is higher. 3. Depending on the legal system of the Member States, the rules on administrative fines may be applied in such a manner that the fine is initiated by the competent supervisory body and imposed by competent national courts. The application of such rules in those Member States shall ensure that those legal remedies are effective and have an equivalent effect to administrative fines imposed directly by supervisory authorities.