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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, by 28 January 2028, notify the Commission of those rules and of those measures and shall notify it, without delay, of any subsequent amendment affecting them.

2. The types of infringements which are subject to penalties shall include:

(a) making false declarations during approval procedures or while corrective or restrictive measures are imposed in accordance with Chapter X;

(b) falsifying test results for EU type-approval, for in-service conformity or for market surveillance;

(c) withholding data or technical specifications which could lead to recall, refusal or withdrawal of the EU type-approval certificate;

(d) refusal to provide access to information;

(e) economic operators making available on the market or entering into service non-road mobile machinery subject to approval without such approval or falsifying documents or markings with that intention;

(f) economic operators not fulfilling their obligations;

(g) non-compliance by technical services in respect of the requirements for their designation.