1. Without prejudice to the obligations of Member States under Directive (EU) 2024/1203 of the European Parliament and of the Council 43, Member States shall lay down the rules on penalties applicable to infringements of national provisions adopted pursuant to this Directive and shall take all measures necessary to ensure that they are implemented. 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:
the nature, gravity, and extent of the infringement;
where appropriate, the intentional or negligent character of the infringement;
the population or the environment affected by the infringement, bearing in mind the impact of the infringement on the objective of achieving a high level of protection of the environment and human health;
the repetitive or singular character of the infringement;
the financial situation of the natural or legal person held responsible.
3. Member States shall without undue delay notify the Commission of the rules and measures referred to in paragraph 1 and shall notify it of any subsequent amendments affecting them.