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Home› Transport & Mobility› Agricultural and Forestry Vehicles Type-Approval Regulation

Chapter XVIII · FINAL PROVISIONS › Article 72

Penalties

1.   Member States shall provide for penalties for infringement by economic operators of this Regulation and the delegated or implementing acts adopted pursuant to this Regulation. They shall take all measures necessary to ensure that the penalties are implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by 23 March 2015 and shall notify the Commission without delay of any subsequent amendment affecting them.

2.   The types of infringements which are subject to a penalty shall include:

(a)

making false declarations during approval procedures or procedures leading to a recall;

(b)

falsifying test results for type-approval or in-service conformity;

(c)

withholding data or technical specifications which could lead to recall, refusal or withdrawal of type-approval;

(d)

use of defeat devices;

(e)

refusal to provide access to information;

(f)

economic operators making available on the market vehicles, systems, components or separate technical units subject to approval without such approval or falsifying documents or markings with that intention.

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