Art. 25

02023R1115-20241226 → 02023R1115-20251226

Article 25 Penalties 1. Without prejudice to the obligations of Member States under Directive 2008/99/EC of the European Parliament and of the CouncilDirective 2008/99/EC of the European Parliament and of the Council of 19 November 2008 on the protection of the environment through criminal law (OJ L 328, 6.12.2008, p. 28)., 28, ELI: http://data.europa.eu/eli/dir/2008/99/oj)., Member States shall lay down rules on penalties applicable to infringements of this Regulation by operators, downstream operators and traders and shall take all measures necessary to ensure that they are implemented. Member States shall notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendments affecting them. 2. The penalties provided for in paragraph 1 shall be effective, proportionate and dissuasive. Those penalties shall include: (a) fines proportionate to the environmental damage and the value of the relevant commodities or relevant products concerned, calculating the level of such fines in such way as to ensure that they effectively deprive those responsible of the economic benefits derived from their infringements, and gradually increasing the level of such fines for repeated infringements; in the case of a legal person, the maximum amount of such a fine shall be at least 4 % of the operator’s, downstream operator’s or trader’s total annual Union-wide turnover in the financial year preceding the fining decision, calculated in accordance with the calculation of aggregate turnover for undertakings laid down in Article 5(1) of Council Regulation (EC) No 139/2004Council Regulation (EC) No 139/2004 of 20 January 2004 on the control of concentrations between undertakings (the EC Merger Regulation) (OJ L 24, 29.1.2004, p. 1)., 1, ELI: http://data.europa.eu/eli/reg/2004/139/oj)., and shall be increased, where necessary, to exceed the potential economic benefit gained; (b) confiscation of the relevant products concerned from the operator, downstream operator and/or trader; (c) confiscation of revenues gained by the operator, downstream operator and/or trader from a transaction with the relevant products concerned; (d) temporary exclusion for a maximum period of 12 months from public procurement processes and from access to public funding, including tendering procedures, grants and concessions; (e) temporary prohibition from placing or making available on the market or exporting relevant commodities and relevant products, in the event of a serious infringement or of repeated infringements; (f) prohibition from exercising the simplified due diligence set out in Article 13 in the event of a serious infringement or of repeated infringements. 3. Member States shall notify the Commission of final judgments against legal persons for infringements of this Regulation and the penalties imposed on them, within 30 days from the date on which the judgments become final, taking into account the relevant data protection rules. The Commission shall publish on its website a list of such judgments, which shall contain the following elements: (a) the name of the legal person; (b) the date of the final judgment; (c) a summary of the activities for which the legal person was found to have infringed this Regulation; and (d) the nature and, where financial, the amount of the penalty imposed.