Penalties
Article 63
1. Without prejudice to the obligations of Member States under Directive 2008/99/EC, Member States shall lay down the rules on penalties applicable to infringements of this Regulation and shall take all measures necessary to ensure that they are applied. The penalties provided for shall be effective, proportionate and dissuasive. 2. Member States shall ensure that the penalties established pursuant to this Article give due regard to the following, as applicable: (a) the nature, gravity and extent of the infringement; (b) where appropriate, the intentional or negligent character of the infringement; (c) the financial capacity of the natural or legal person held responsible; (d) the economic benefits derived from the infringement by the natural or legal person held responsible, insofar as they can be determined; (e) the environmental damage caused by the infringement; (f) any action taken by the natural or legal person held responsible to mitigate or remedy the damage caused; (g) the repetitive or singular character of the infringement; (h) any other aggravating or mitigating factor applicable to the circumstances of the case. 3. The Member States shall at least be able to impose the following penalties in case of infringements of this Regulation, where relevant: (a) fines; (b) revocation or time-limited suspension of the authorisation to carry out activities related to management and shipment of waste insofar as these activities fall under the scope of this Regulation; (c) time-limited exclusion from public procurement procedures. 4. Member States shall without delay notify the Commission of the rules and measures referred to in paragraph 1 and of any subsequent amendments affecting them.