1) At the stage of research funding, grant may be cancelled or paid back partially or totally.
2) At the stage of final development of a product, placing on market may be not authorized, or if the product was already commercialized it may be removed from the market.
IIn any case, the competent authority for tracking the compliance of due diligence obligations can establish corrective measures to be adopted immediately by the user, such as temporal prohibition of utilization, cancellation of research or commercialization activities, or confiscation of genetics resources.
Additionally, the punishments established on Law 42/2007, of 13 December, will be applicable. User’s non-compliance with the Regulation (EU) No 511/2014 of the European Parliament and of the Council of 16 April 2014 on compliance measures for users from the Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization in the Union, is considered an administrative infringement:
- Very serious infringement when profits are higher than 100.000 euros. In this case, the user may be fined 200.001 to 2.000.000 euros.
- Serious infringement when profits are lower than 100.000 euros. In this case, the user may be fined 3.001 to 200.000 euros.