Withdrawal of the products from the market and sanctions: the violation of the CE marking

Withdrawal of the products from the market and sanctions: the violation of the CE marking

As known, the certification CE is an indispensable element in the marketing of certain types of products on the European market. It's’ defined by the application of standards and guidelines that prove that the product complies with all the provisions of the European Community in terms of health protection, safety and environmental protection.

The obtaining - and keeping - the CE certification has a series of specific obligations for different traders involved. The fulfillment of these obligations - and therefore the conformity of marking - is valued by Member States under the notified bodies, capable to carry out the process of verification of the constancy of product conformity with the provisions.

In case of a detected non-compliance (and not economic operator remedial action to put an end to the same non-compliance), They open up different scenarios in the product and the operators involved in its marketing. One of these is the withdrawal of products from the market.

In the event of non-compliance of CE certification, indeed, the competent authorities "take all appropriate measures to restrict or prohibit the placing on the market or to ensure its withdrawal from the market, at the expense of the market responsible for placing the equipment ".

Sanctions: construction products

In support of the adoption of restrictive measures such as ban and withdrawal, There are fines and prison, well defined - in the case of construction products – from the D.Lgs. n.106/2017. The penalties represent are categorized as:

  • Pecuniary penalties (with prediction of minimum and maximum fine);
  • custodial penalties (with stop prediction);
  • joint criminal sanctions (with stop prediction and fine);
  • Fines.

In particular, the manufacturer that violates the general principles and rules on the use of CE marking – and rules and conditions laid down by Article 9 Regulation (EU) n. 305/2011 – It shall be punished with fine from 4.000 euro a 24.000 euro; the same fact is punished with arrest up to 6 months and a fine of 10.000 euro a 50.000 EUR where the products in question are intended for structural use or use in firefighting.

Sanctions: electromagnetic compatibility

A disciplinary matters other than the Decree. n.106/2017, we find the Art. 15. of the D.Lgs. 6 November 2007, n. 194 for the Implementation of Directive 2004/108 / EC. This article defines the penalties in terms of electromagnetic compatibility of equipment, equipment and systems, outlining that:

• Anyone who places the equipment market which do not comply with the protection requirements is subject to administrative sanction for payment of a sum from EUR 4.000 to EUR 24.000. The sanction is subject anyone make changes to equipment with the required CE marking, that results in the failure to satisfy the protection requirements.

• Anyone who places on the market, commercialize, distribute in any form or install equipment that, albeit in conformity with the protection requirements, are without the required CE marking and technical documentation, It is subject to administrative sanction for payment of a sum from EUR 2.000 to EUR 12.000.

the sanctions, Moreover, also affect anyone from affixing marks liable to be confused with the CE marking (or limit their visibility and legibility): In this case, the administrative sanction stands at a sum from EUR 1.000 to EUR 6.000.

Similarly, for anyone who promotes advertising for equipment that does not satisfy the requirements of the legislative decree provides an administrative penalty of a sum from EUR 2.500 to EUR 15.000.

Conclusions

The test socket of these two sets of rules - and the focus sanctioning the appearance of the same - is aimed at favoring the reflection on the need for standards and guidelines apply in full congruence with the laws. Going to incorrectly interpret the rules - for the purpose of not subjecting the equipment to all the necessary verifications of compliance - incurs measures that, at the economic level as well as production, impact in nullifying way the marketing of products on the market.

 

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