EUFLR penalties
The Regulation sets no fine. It sets a consequence: the product is prohibited, withdrawn and disposed of. Penalties are for not complying with that decision, and they are set by each Member State.
Article 37 requires Member States to lay down rules on penalties for non-compliance with decisions and to notify them to the Commission by 14 December 2026. The Commission Guidelines describe a five-step method for setting them — the gravity of the infringement, its duration, mitigating and aggravating circumstances, applicable thresholds, and a final test of effectiveness, proportionality and dissuasiveness — and illustrate both product-value-based and turnover-based approaches. Amounts will therefore differ by country, and at the source review most were not yet notified. What is written into the Regulation is the product-level outcome. A decision under Article 20 prohibits placing, making available and exporting, orders withdrawal including from online listings, and orders disposal in line with the waste hierarchy, with strategic products and replaceable parts as the exceptions. For a consumer brand the cost that matters is usually that one, and the publication that goes with it.