Paragraph 1 requires member states to lay down rules on penalties for breaches of the national measures and to take all measures needed to ensure they are applied. Paragraph 2 sets the standard: effective, proportionate and dissuasive, accompanied by effective remedial action where an operator does not comply. Paragraph 3 requires notification of the rules and measures to the Commission without delay, and of any later amendment. Paragraph 4 sets the factors: how far the failure reaches, how serious it is, the number of non-complying units or services, and the number of people affected. Paragraph 5 removes public procurement procedures covered by the two procurement directives. The penalty level therefore lives in national law. The article tells a compliance team what to look for when it builds a penalty-exposure note: the member state's implementing measure, the maximum, and whether remedial action is separately ordered.
The graph holds this control, the 0 it maps to, and the evidence behind each claim, over MCP and REST.