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 undue delay, notify the Commission of those rules and of those measures and shall notify it, without undue delay, of any subsequent amendments to those rules or measures.
2. The penalties referred to in paragraph 1 shall include fines.
3. 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, bearing in mind the objective of achieving a high level of protection of human health and the environment;
the degree of the fault involved in the infringement;
the repetitive or one-off character of the infringement.
4. Member States shall adopt compliance assurance measures to prevent and detect the infringements referred to in paragraph 1.