Version in force , Modified +100 −113§
Amended by Regulation (EU) 2024/2809 32024R2809 on EUR-Lex (external, EUR-Lex)
Explanation, written by a model and checked against the cited text
The list of cross-referenced provisions in point (a) was revised to add references to Article 7(12a), Article 14a(1), Article 15a(1) and Article 23(4a), which did not previously appear in this list.
Some existing references were also reformatted, such as the grouping of Articles 3, 5 and 6 and of Articles 17 and 18, without changing which underlying articles were already covered.
Cited: Art. 38, v2 (external, EUR-Lex) · Art. 38, v1 (external, EUR-Lex)
v1 is the previous version, v2 this one.
Text from EUR-Lex, before and after
Previous version, in force 9 January 2024 02017R1129-20240109 → this version, in force 4 December 2024 02017R1129-20241204
Article 38
Administrative sanctions and other administrative measures
1. Without prejudice to the supervisory and investigatory powers of competent authorities under Article 32, and the right of Member States to provide for and impose criminal sanctions, Member States shall, in accordance with national law, provide for competent authorities to have the power to impose administrative sanctions and take appropriate other administrative measures which shall be effective, proportionate and dissuasive. Those administrative sanctions and other administrative measures shall apply at least to:
(a) infringements of Article Articles 3, Article 5, Article 5 and 6, Article 7(1) to (11), Article (11) and (12a), Articles 8, Article 9, Article 9 and 10, Article 11(1) and (3), Article 14(1) and (2), 14a(1), Article 15(1), 15a(1), Article 16(1), (2) and (3), Article 17, Article Articles 17 and 18, Article 19(1) to 19(1), (2) and (3), Article 20(1), Article 21(1) to (4) and (7) to (11), Article 22(2) to (5), Article 23 (1), 23(1), (2), (3) (3), (4a) and (5), and Article 27;
(b) failure to cooperate or comply in an investigation or with an inspection or request covered by Article 32.
Member States may decide not to lay down rules for administrative sanctions as referred to in the first … 353 unchanged words … currency is not the euro, the corresponding value in the national currency on 20 July 2017.
3. Member States may provide for additional sanctions or measures and for higher levels of administrative pecuniary sanctions than those provided for in this Regulation.