7.3.4 4.5.1.8. 罰則

Regulation (EU) 2019/1020 requires Member States to take appropriate action when economic operators do not comply with the applicable obligations. The Regulation provides that market surveillance authorities must have the power to impose penalties (Article 14(4)(i) of Regulation (EU) 2019/1020). Member States have to lay down the rules for such penalties (Article 41 of Regulation (EU) 2019/1020), in accordance with the requirements included in Union harmonisation legislation (290) and/or in Regulation (EU) 2019/1020. Such penalties have to be effective, proportionate and dissuasive. They may be applied directly by market surveillance authorities or through procedures involving the courts, depending on each Member State’s legal system. In addition, Regulation (EU) 2019/1020 allows Member States to confer to their market surveillance authorities the power of reclaiming from the relevant economic operator, if they wish so, the costs of the market surveillance activities that were undertaken in relation to a product found to be non-compliant (Article 15(1) of Regulation (EU) 2019/1020). As the Regulation refers to the totality of the costs of the activities of market surveillance authorities with respect to instances of non-compliance, the type of costs that can be reclaimed is broad and not limited to the examples provided in Article 15(2). At the same time, as for all powers, market surveillance authorities should exercise this power in accordance with the principle of proportionality e.g. a formal non-compliance such as CE marking that has not been affixed indelibly will normally not cost much to notice and follow-up on.