Penalties
Article 57
1. Member States shall provide for penalties for infringement of this Regulation, and of the delegated or implementing acts adopted pursuant to this Regulation, by economic operators or OEMs. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall notify the Commission of those provisions by 7 October 2018 and shall notify the Commission without delay of any subsequent amendments affecting them. Member States shall take all measures necessary to ensure that the penalties are implemented. 2. Infringements subject to a penalty shall include: (a) making false declarations, in particular during the EU type-approval procedures, the procedures leading to a recall or the procedures relating to exemptions; (b) falsifying test results in relation to an EU type-approval or the monitoring of in-service engines; (c) withholding data or technical specifications which could lead to the recall of engines, or to the refusal or the withdrawal of an EU type-approval; (d) using defeat strategies; (e) refusing to provide access to information; (f) placing on the market engines subject to EU type-approval without EU type-approval, or falsifying documents or statutory markings with the intention of doing so; (g) placing on the market transition engines and non-road mobile machinery in which such engines are installed in violation of the exemption provisions; (h) being in violation of the restrictions set out in Article 35(3) and (4); (i) placing on the market an engine modified in such a way that it is no longer in conformity with the specifications of its EU type-approval; (j) installing an engine in non-road mobile machinery for a use other than the exclusive use provided for in Article 4; (k) placing on the market a special purpose engine under Article 34(5) or (6) for use in non-road mobile machinery other than that provided for in those paragraphs; (l) placing on the market an engine under Article 34(7) or (8) and Article 58(9), (10) or (11) for use in machinery other than that provided for in those paragraphs; (m) placing on the market non-road mobile machinery in which engines subject to EU type-approval under this Regulation are installed, without such approval; (n) placing on the market non-road mobile machinery that is in violation of a restriction regarding non-road mobile machinery set out in Article 34(8).