Article 29

1. Without prejudice to the obligations of Member States under Directive 2008/99/EC of the European Parliament and of the Council (23), Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, without undue delay, notify the Commission of those rules and of those measures and shall notify it, without undue delay, of any subsequent amendment affecting them. 2. Member States shall ensure that the penalties established pursuant to paragraph 1 give due regard to the following circumstances, as applicable: the nature, gravity, extent and duration of the infringement; the impact on the population, including sensitive population and vulnerable groups, or the environment affected by the infringement, bearing in mind the objective of achieving a high level of protection of human health and the environment; the repetitive or singular character of the infringement, including any previous receipt of an admonition penalty, or any administrative or criminal penalty; the economic benefits derived from the infringement by the natural or legal person held responsible, insofar as this can be determined.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-16 · Text as adopted (Official Journal); later amendments are not incorporated in this text.