Recital 114

(114) To enhance trust in products placed on the market, in particular as regards the compliance of products with ecodesign requirements, the public needs to be sure that economic operators placing non-compliant products on the market will be subject to penalties. It is therefore necessary that Member States lay down rules on penalties applicable to infringements of this Regulation and ensure that those rules are implemented. The penalties provided for should be effective, proportionate and dissuasive and should at least include fines and time-limited exclusion from public procurement procedures. Without prejudice to Member States’ procedural autonomy and to the discretion of competent authorities and judges to impose appropriate penalties in the individual cases, common non-exhaustive criteria should be established for determining the types and levels of penalties to be imposed in the event of infringements of this Regulation, to facilitate more consistent application of penalties. Those criteria should include, inter alia, the nature, gravity and duration of the infringement, the financial situation of the natural or legal person held responsible, as indicated for example by the total turnover or the annual income, and the economic benefits derived from and generated by the infringement, insofar as those benefits can be determined.

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Source: EUR-Lex (Cellar) · retrieved 2026-10-12 · Text as adopted (Official Journal); later amendments are not incorporated in this text.