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1.Member States shall lay down the rules on penalties applicable to non-compliance by manufacturers with the provisions of this Regulation and the delegated and 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, and shall notify it without delay of any subsequent amendment affecting them.
2.The type of non-compliance which is to be subject to a penalty shall include at least the following:
(a)making a false declaration during an approval procedure or a procedure leading to a recall;
(b)falsifying test results for type-approval;
(c)withholding data or technical specifications which could lead to recall, refusal or withdrawal of type-approval;
(d)breaching provisions laid down in Article 6;
(e)acting in breach of the provisions of Article 5(7).