SAN FRANCISCO (AP) – Volkswagen will be closely monitored even if it is able to fix the vehicles.

For the next five years, the settlement requires the company to notify the Environmental Protection Agency and the California Air Resources Board every time it tests one of the modified vehicles. The agencies will send representatives to observe those tests. If a vehicle fails a test, the company must notify the agencies within 72 hours and face possible penalties.

Volkswagen is also required to submit annual reports on its testing through 2023.

If Volkswagen is found to be selling any unrepaired vehicles, or returning unrepaired vehicles to owners, it must pay a penalty of $50,000 per vehicle.