In force since August 2017 the legislative decree of June 16, 2017, No. 106, defines the adaptation of national legislation to the provisions of EU Regulation No. 305/2011 on CE marking of construction products.
Below is the framework of penalties:
- administrative penalties (from 2,000 to 12,000 euros) for the designer of the work who prescribes non-compliant products with the aforementioned CE marking obligations. In the case of products and materials intended for structural use or fire safety use, the penalties are criminal as well as administrative (imprisonment for up to 3 months and fines from 5,000 euros to 25,000 euros);
- administrative penalties (from 4,000 to 24,000 euros) for the builder, the site manager, the execution manager, or the tester who, within their specific competencies, use non-compliant products with the CE marking and performance declaration obligations established by EU Regulation No. 305/2011. In the case of products and materials intended for structural use or fire safety use, the penalties for the same subjects are criminal as well as administrative (imprisonment for up to 6 months and fines from 10,000 euros to 50,000 euros);
The sanctioning framework therefore provides, in addition to lighter burdens for the builder, penalties also for designers.
Therefore, it is essential, before procuring the various materials to be used on site, to verify that the designer has correctly indicated the performance characteristics that each of them must possess and, in the case of materials falling within the scope of EU Regulation No. 305/2011, the reference to CE marking and the related performance declaration.
In this way, the site manager will also have the information/documentation for a correct acceptance of materials on site.
The list of products covered by harmonized standards, and therefore subject to CE marking, can be consulted in the Official Journal of the European Union or on the NANDO information system (New Approach Notified and Designated Organisations), a project of the European Commission aimed at collecting, in a single large database, the continuously updated lists of notified bodies of each member state, as well as the categories of devices for which such bodies have been authorized to ensure compliance with their respective sector regulations.
Read the LEGISLATIVE DECREE of June 16, 2017, No. 106: >> CLICK HERE <<
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