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Requirement · PEN-01Issue guidance, jointly with Member States, to help supervisory authorities determine penalty levels
What changes
The European Commission gains a new penalty-guidance-issuing duty, layered onto Member States' pre-existing duty to lay down effective, proportionate and dissuasive penalties.
Prior rule vs new rule
Prior rule
Obligation
Article 27(1) of Directive EU 2024/1760 requires Member States to lay down penalties that are to be “effective, proportionate and dissuasive”.
New rule
Obligation
Issue guidance, jointly with Member States, to help supervisory authorities determine penalty levels
Who is affected
Addressee
European Commission
Class
European Commission
Sectors
No sector named — applies by size or activity
Applies
Once transposed by Member States (transposition due within 12 months of this Directive's entry into force)
Burden drivers
No burden drivers recorded on this provision.
Binds the European Commission, not a company by size.
Source text
Verbatim
The Commission, in collaboration with Member States, shall issue guidance to assist supervisory authorities in determining the level of penalties in accordance with this Article.
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