why it also be a requirement the member states are also responsible for this that the prosecutor determines that criminal activity is involved the of the penalty must be increased 
That is why it must also be a requirement and the Member States are also responsible for this that if the public prosecutor determines that criminal activity is involved, the magnitude of the penalty must be increased substantially.
That is why it also be a requirement the Member States are also responsible for this that the prosecutor determines that criminal activity is involved, the of the penalty must be increased substantially.