Article 11Penalties
1
Member States shall lay down the provisions on penalties applicable for infringement of the provisions of this Regulation and its implementing measures and shall take all measures necessary to ensure that they are implemented. The penalties provided for must be effective, proportionate and dissuasive. Member States shall notify those provisions to the Commission by 7 February 2011 and shall notify it without delay of any subsequent amendment affecting them.
2
The types of infringements by manufacturers which are subject to a penalty shall include:
a
making false declarations during the approval procedures or procedures leading to a recall;
b
falsifying test results for type-approval or in-service conformity;
c
withholding data or technical specifications which could lead to recall or withdrawal of type-approval;
d
use of defeat strategiesF1.
The types of infringements by manufacturers, repairers and operators of the vehicles which are subject to a penalty shall include tampering with systems which control NOx emissions. This shall include, for example, tampering with systems which use a consumable reagent.
The types of infringements committed by operators of the vehicles which are subject to a penalty shall include driving a vehicle without a consumable reagent.