Recital 33
(33) In exceptional circumstances, where the legal system of the Member State does not allow the imposition of the administrative penalties provided for in this Directive, it should be possible to exceptionally apply the rules on administrative penalties in such a manner that the penalty is initiated by the competent authority and imposed by a judicial authority. Nevertheless, it is necessary for those Member States to ensure that the application of such rules and penalties has an effect equivalent to the administrative penalties imposed by the competent authorities. The penalties provided for should therefore be effective, proportionate and dissuasive.
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Source: EUR-Lex CELLAR · retrieved 2026-09-04 · Text as adopted (Official Journal); later amendments are not incorporated in this text.