Article 11 Obligations of Member States

Member States shall not impede the placing on the market or putting into service of tyres within their territories, where such tyres comply with this Regulation.

Where Member States provide incentives with regard to tyres, such incentives shall target only tyres in class A or B with respect to rolling resistance or wet grip within the meaning of Parts A and B of Annex I, respectively. Taxation and fiscal measures shall not constitute incentives for the purposes of this Regulation.

Without prejudice to Regulation (EU) 2019/1020, where the relevant national authority as defined in point (37) of Article 3 of Regulation (EU) 2018/858 has sufficient reason to believe that a supplier has not ensured the accuracy of the tyre label in accordance with Article 4(6) of this Regulation, it shall verify that the classes and any additional performance information declared on the tyre label correspond to the values and to the documentation submitted by the supplier, in accordance with Article 4(5) of this Regulation.

In accordance with Regulation (EU) 2019/1020, Member States shall ensure that the national market surveillance authorities establish a system of routine and ad hoc inspections of points of sale for the purposes of ensuring compliance with this Regulation.

Member States shall lay down the rules on penalties and enforcement mechanisms applicable to infringements of this Regulation and of the delegated acts adopted pursuant thereto, 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, by 1 May 2021, notify the Commission of those rules and of those measures that have not previously been notified to the Commission, and shall notify it, without delay, of any subsequent amendment affecting them.