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1. 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 implemented. The penalties provided for shall be effective, proportionate and dissuasive. Member States shall, without delay, notify the Commission of those rules and of those measures and shall notify it of any subsequent amendment affecting them.

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 duration of the infringement;

(b) where appropriate, the intentional or negligent character of the infringement;

(c) the financial situation 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. Member States shall at least be able to impose the following penalties in the event of infringements of this Regulation:

(a) fines;

(b) time-limited exclusion from public procurement procedures.