18.1 Interim measures (Article 23)
Faced with possible non-compliance — detected through examination of evidence, checks, information exchanged between authorities, substantiated concerns or alerts from the Information System — the authorities may adopt immediate interim measures, including the seizure of products and the suspension of their placing on the market, making available or export.
18.2 Corrective measures (Article 24)
Once non-compliance is established, the authority requires, without delay, adequate and proportionate corrective measures within a reasonable period, including at least one of the following:
- rectifying any formal non-compliance, in particular with the requirements of Chapter 2;
- preventing the product from being placed on the market, made available or exported;
- withdrawing or recalling the product immediately;
- donating the product for charitable or public interest purposes or, where that is not possible, disposing of it in accordance with waste legislation.
Regardless of those measures, the company must remedy the shortcomings of its due diligence system. If it does not comply within the period set, the authority enforces the measure by every means available under national law.
18.3 Penalties (Article 25)
Member States set the penalties, which must be effective, proportionate and dissuasive, and must include:
| Penalty | Detail |
|---|---|
| (a) Fines | Proportionate to the environmental damage and to the value of the products; calculated to deprive the infringer of the economic benefit; increasing on repeat infringement. For legal persons, the maximum must be at least 4% of total annual EU turnover in the preceding financial year, and must rise further where necessary to exceed the benefit obtained |
| (b) Confiscation of the products | From the operator, downstream operator or trader |
| (c) Confiscation of the revenue | Gained from the transaction in the products |
| (d) Temporary exclusion | For up to 12 months from public procurement and from access to public funding, grants and concessions |
| (e) Temporary prohibition | On placing on the market, making available or exporting relevant commodities and products, in the event of a serious or repeated infringement |
| (f) Ban on the simplified regime | Loss of the right to simplified due diligence under Article 13, in the event of a serious or repeated infringement |
- Penalties may not conflict with the Environmental Crime Directive (FAQ 10.1).
- Member States notify the Commission, within 30 days, of final court judgments against legal persons; the Commission publishes a list with the company's name, the date, a summary of the activities and the nature and amount of the penalty (Article 25(3); FAQ 10.4).
- It is for each Member State to decide whether to allow "self-cleaning" in public procurement, without undermining the effectiveness of the penalties (FAQ 10.3).