The Legislative Decree 106/17, published in the Official Gazette 159 of July 10, came into effect on August 9, 2017.
The updates concern not only the manufacturer of the products, who is required to prepare a Declaration of Performance (DoP) and affix the CE marking at the time of placing the product on the market, but also all parties involved in the supply chain: from the designer of the work, to the site manager, to the execution manager or tester, who, within their specific competencies, use products that do not comply with Articles 4, 5, 6, 7, 8, 9, and 10 of the Regulation (EU) No. 305/2011 and Article 5, paragraph 5, of this decree.
A “construction product” is defined as any product manufactured to become a permanent part of a construction work. This refers to buildings or civil engineering works. Such products must meet specific requirements of a construction work: fire safety; hygiene; safety in environmental use; mechanical resistance and stability; noise protection; energy savings.
Responsibilities:
The builder, the site manager, the execution manager, or the tester who, within their specific competencies, uses products that do not comply with Articles 4, 5, 6, 7, 8, 9, and 10 of Regulation (EU) No. 305/2011 and Article 5, paragraph 5, of this decree is subject to an administrative fine ranging from 4,000 euros to 24,000 euros; unless the act constitutes a more serious offense, the same act is punishable by imprisonment for up to six months and a fine from 10,000 euros to 50,000 euros if structural or fire safety products and materials are used.
The designer of the work who prescribes products that do not comply with the provisions of Article 5, paragraph 5, of this decree or in violation of any of the provisions regarding the Declaration of Performance and CE marking as per Articles 4, 5, 6, 7, 8, 9, and 10 of Regulation (EU) No. 305/2011 is subject to an administrative fine of from 2,000 euros to 12,000 euros; unless the act constitutes a more serious offense, the same act is punishable by imprisonment for up to three months and a fine from 5,000 euros to 25,000 euros if the prescription concerns products and materials intended for structural or fire safety use.
