Article 28 requires Member States to lay down the rules on penalties applicable to infringements of the national provisions adopted pursuant to this Directive + take all measures necessary to ensure that they are implemented. The penalties provided for must be EFFECTIVE + PROPORTIONATE + DISSUASIVE. Member States must notify the Commission of those provisions by 31 May 2015 + notify it without delay of any subsequent amendment affecting them. National penalty regimes vary considerably: from administrative fines (e.g. up to EUR 5-10 million in some Member States) to criminal sanctions for the most serious infringements including imprisonment for responsible managers + corporate criminal liability for the operator. The Article 28 penalty regime runs in parallel with: (a) civil liability under the PLD (Directive (EU) 2024/2853) for damage from defective products containing dangerous substances; (b) criminal liability under the Environmental Crime Directive (Directive (EU) 2024/1203) which lists infringements of Seveso III among the qualifying environmental crimes; (c) operator tort + contract liability under national law. Article 28(2) the Article 28 penalty regime must dovetail with the Environmental Crime Directive 2024/1203 transposition timetable (by 21 May 2026).
The graph holds this control, the 0 it maps to, and the evidence behind each claim, over MCP and REST.