pollo
Guest
I answer only for the parts you asked me, leaving the pertinence of others.
question "aggravate liability"
If you are a manufacturer of something that is machine and declares qm, sell something that does not comply with the directive (other than trade agreements): the Legislative Decree 17/2010 at art.15 defines sanctions (except that there is no crime).
then since your machine will become work equipment, enters into play the d.lgs.81/08, that at article 23 indicates the obligations of the manufacturers. cito (ed. May 2018): "production, sale, rental and concession in use of work equipment, individual protection devices and plants not complying with the laws and regulations applicable to health and safety at work." penalty arrest from 3 to 6 months.
now, sell a car falsely you said qm, someone hurts, to you manufacturer 3-6 months, only for this point (not within the merits of others).
question "who decides what is"
He decides the directive, not me, not you manufacturer, not him employer. If what you do and sell is car, you have to mark it there. If it's qm you have to do the incorporation.
we are technical: we do not interpret, we apply the rules.
in case of doubt there are the excellent guidelines of the community (in the last version they are in English, your business if you don't understand, you won't want the ready jelly even there). if then the manufacturer continues to break because he wants to do a qm not to assume responsibility (repee, aggravate them), there is always the ininail that besides performing the function of market control, is also certifying institution and therefore can be challenged (choose your legal in what form: if in advance as a "qualified consultant" or below as a control organ, that in case of non-compliance is forced to denounce in the way the conveyor belt, as my colleagues already indicated, is considered as a machine.
If instead you sell only carpentry (see also here is the Community regulation to be respected) and someone else uses it to create a machine, it will be the manufacturer of the machine that must mark there (the directive and the guidelines clearly identify who is the manufacturer)
the employer has among its obligations to make available to workers equipment compliance to specific product directives: attention that is said to be compliant and not marked or even worse certified there, so if you do a crime by voluntarily selling a machine for qm, and the employer is fine, then you will be company (maybe for different durations).
Therefore, to conclude, the answer is yes: if you make a car you are obliged to mark it there from the directive and from Legislative Decree 17/2010 (as well as from 81) and there are no cavilli, commercial contracts or Latinrum to get out. You can't contract a crime.
for your initial question: art.15, paragraph 5 of Legislative Decree 17/10
"I assume that the fact does not constitute a crime, anyone apportioning or making marks, signs and inscriptions that can mislead third parties about the meaning or graphic symbol, or both, of the marking that limit the visibility and readability is punished by the administrative sanction of the pecuniary 1,000 euros to 6,000 euros. "
question "aggravate liability"
If you are a manufacturer of something that is machine and declares qm, sell something that does not comply with the directive (other than trade agreements): the Legislative Decree 17/2010 at art.15 defines sanctions (except that there is no crime).
then since your machine will become work equipment, enters into play the d.lgs.81/08, that at article 23 indicates the obligations of the manufacturers. cito (ed. May 2018): "production, sale, rental and concession in use of work equipment, individual protection devices and plants not complying with the laws and regulations applicable to health and safety at work." penalty arrest from 3 to 6 months.
now, sell a car falsely you said qm, someone hurts, to you manufacturer 3-6 months, only for this point (not within the merits of others).
question "who decides what is"
He decides the directive, not me, not you manufacturer, not him employer. If what you do and sell is car, you have to mark it there. If it's qm you have to do the incorporation.
we are technical: we do not interpret, we apply the rules.
in case of doubt there are the excellent guidelines of the community (in the last version they are in English, your business if you don't understand, you won't want the ready jelly even there). if then the manufacturer continues to break because he wants to do a qm not to assume responsibility (repee, aggravate them), there is always the ininail that besides performing the function of market control, is also certifying institution and therefore can be challenged (choose your legal in what form: if in advance as a "qualified consultant" or below as a control organ, that in case of non-compliance is forced to denounce in the way the conveyor belt, as my colleagues already indicated, is considered as a machine.
If instead you sell only carpentry (see also here is the Community regulation to be respected) and someone else uses it to create a machine, it will be the manufacturer of the machine that must mark there (the directive and the guidelines clearly identify who is the manufacturer)
the employer has among its obligations to make available to workers equipment compliance to specific product directives: attention that is said to be compliant and not marked or even worse certified there, so if you do a crime by voluntarily selling a machine for qm, and the employer is fine, then you will be company (maybe for different durations).
Therefore, to conclude, the answer is yes: if you make a car you are obliged to mark it there from the directive and from Legislative Decree 17/2010 (as well as from 81) and there are no cavilli, commercial contracts or Latinrum to get out. You can't contract a crime.
for your initial question: art.15, paragraph 5 of Legislative Decree 17/10
"I assume that the fact does not constitute a crime, anyone apportioning or making marks, signs and inscriptions that can mislead third parties about the meaning or graphic symbol, or both, of the marking that limit the visibility and readability is punished by the administrative sanction of the pecuniary 1,000 euros to 6,000 euros. "
