On 29 November 2021, was published in the Official Gazette the Legislative Decree no. 179/2021, which contains the discipline for penalties related to violations of the BPR Regulation’s and DPR 392/1998 provisions, concerning the making available on the market and use of biocidal products.
When the sanctioning regime comes into force
The new sanction regime, which updates the rules for the violation of European standards, will enter into force on the 14th of December 2021, almost ten years after the introduction of the Regulation (EU) 528/2012.
What are the penalties
- penalties for any person placing on the market, or using, an unauthorized biocidal product under the Regulation or authorized in breach of the requirements have been regulated (arrest for up to three months and fine of €1,000.00 to €10,000.00, Art. 3 of the Legislative Decree);
- as for anyone who violates the provisions for simplified authorization referred to in Article 27, paragraph 1, of the Regulation or the provisions on research and development concerning an unauthorized biocidal product or an unapproved active substance referred to in Article 56 of the Regulation (fine from € 1,000.00 to € 10,000.00, art. 4 and 6 Dlgs n. 179/2021).
Companies that sell BPR products that do not comply with the classification, labeling, and packaging rules, in breach of paragraphs 1 and 2 of Article 69 of the Regulation, and with the provisions on advertising, laid down in Article 72 of the Regulation, could be subjected to the payment of penalties for sums up to 15 thousand euro (art. 9 and 10 of Legislative Decree 179/2021).
Therefore, anyone who places biocidal products on the Italian market without complying with the provisions of the BPR Regulation and of DPR 392/1998, in fact applying an unfair competition, will be punishable by the competent regional authority.