Recital 51

(51) Member States should lay down rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and should ensure that they are implemented. Member States may lay down rules for administrative as well as criminal penalties. In any case, the imposition of criminal and administrative penalties should not lead to a breach of the right not to be tried or punished twice in criminal proceedings for the same criminal offence (ne bis in idem principle) as interpreted by the Court of Justice. For the most serious infringements committed by a legal person, such as those of a high level of gravity due to their nature, extent and repetition, or where those infringements pose a significant risk to human health or the environment, Member States should ensure that their national system of penalties includes fines whose maximum amount should be at least 3 % of the annual Union turnover of the operator in the financial year preceding the year in which the fine is imposed. For those infringements, without prejudice to the obligations of Member States under Directive 2008/99/EC of the European Parliament and of the Council (25), Member States may also or alternatively adopt criminal penalties, provided that they are effective, proportionate and dissuasive.

2 national measures recorded under this provision, in 1 form — sign in to view the analysis.

← Recital 50 · All articles · Recital 52 →

Source: EUR-Lex (Cellar) · retrieved 2026-10-13 · Text as adopted (Official Journal); later amendments are not incorporated in this text.