gerod
Guest
Finally (see the delay!) was published in official gazette the legislative decree n. 17/2010:legislative decree 27 January 2010, n. 17
implementation of Directive 2006/42/ce on machinery and amending Directive 95/16/ce on lifts.(10g0031) (gu n. 41 of 19-2-2010 - suppl. ordinary n.36)
the entry into force of the measure is scheduled for the day 06/03/2010.
new.certainly Article 15, concerning sanctions (a novelty compared to dpr459/96).
still remains a lot of confusion about the definitions of machines e almost machines.
implementation of Directive 2006/42/ce on machinery and amending Directive 95/16/ce on lifts.(10g0031) (gu n. 41 of 19-2-2010 - suppl. ordinary n.36)
the entry into force of the measure is scheduled for the day 06/03/2010.
new.certainly Article 15, concerning sanctions (a novelty compared to dpr459/96).
Article 11 c.1 and 3 of dpr459/961. except that the fact does not constitute an offence, the manufacturer or his agent who enters the market
or put in service machines that do not comply with the requirements set out in the Annex i of this decree
is punished by the administrative fine from 4,000 euros to 24,000 euros. to the same sanction
is subject to any changes to equipment equipped with the prescribed marking c,
which involve non-compliance with the same requirements.
2. except that the fact does not constitute an offence, the manufacturer of a quasi-machine or its agent who
contravenes the prescriptions referred to in Article 10 of this decree is punished by penalty
administrative pecuniary from 3.000 euros to 18.000 euros.
3. the manufacturer or his representative who on request
of the supervisory authority referred to in Article 6, omits to exhibit the documentation referred to in
in the annex thereto of this decree is punished by the administrative penalty of 2,000
euro to 12.000 euros.
4. the manufacturer or his agent who puts on the market or puts in service machines that,
Although they comply with the requirements set out in Annex I, they are without the declaration of conformity
of the Annex ii shall be punished by the administrative fine of EUR 2,000 to EUR 12,000.
5. except that the fact does not constitute a crime, anyone who affixes or makes marks, signs and inscriptions
which may mislead third parties about the meaning or graphic symbol, or both, of
or limit its visibility and readability is punished by administrative sanction
pecuniaria from 1.000 euros to 6.000 euros.
6. anyone who promotes advertising for machines that do not comply with the requirements of this decree
Legislation is punished by the administrative fine of 1.000 euro to 6.000 euro.
7. the sanctions referred to in this Article shall apply if 10 percent of turnover connected with all
machines or almost-machines for which the violation is established is between the minimum and the
maximum of the penalty to be applied or is lower than the minimum. if 10 percent of such turnover
is higher than the maximum penalty to be applied, the relative minimum and maximum amounts are
redesigned multiplying them by increasing whole digits until the condition of the
previous period. the penalty is determined according to the criteria referred to in Article 11 of Law 24
November 1981, No 689, taking into account, in particular, the danger associated with non-member countries
compliance detected. in any case the penalty applied cannot exceed the maximum amount of
150,000 euros.
8. the person responsible for the violations referred to in paragraphs 1 and 2 shall be obliged to repay the costs incurred for
the implementation of testing procedures on machines or almost-machines. with subsequent decree of
Minister for Economic Development, adopted in agreement with the Minister for Economic Affairs and Employment
finances, to be issued within 90 days from the date of entry into force of this decree, are
defined the criteria for determining the relative amounts paid to the entry of the state budget,
are reassigned to the relevant expenditure chapters aimed at supporting these charges.
9. the sanctions referred to in this Article shall be imposed by the competent general management of the
Ministry of Economic Development. the sums resulting from such sanctions shall be paid at the entry of
state budget to be reassigned, within the limits provided for in Article 2, paragraph 1, letter c),
last period, of the law 7 July 2009, n. 88, with decrees of the minister of the economy and the
finances, the relevant chapters of the state of forecasting expenditure of the same ministry as
economic development.
.is repealed the decree of the President of the Republic 24 July 1996, n. 459, subject to the residual applicability of the transitional provisions referred to in Article 11, paragraphs 1 and 3 of the same decree
still remains a lot of confusion about the definitions of machines e almost machines.