Legislative Decree 82/2022 (implementing Directive (EU) 2019/882), market surveillance of products, corrective measures, formal non-compliance and administrative fines for products

Article 17(2) names the Ministry of Economic Development as the market surveillance authority for the products of the decree and charges it, where an operator relies on Article 13(1), to verify that the operator made the assessment, to review it, and to check conformity with the accessibility requirements. Article 2(1)(z) defines the economic operator as the manufacturer, the authorised representative, the importer, the distributor or the service provider.

Article 17(1) applies to products Articles 15(3), 16 to 19, 21, 23 to 28 and 29(2) and (3) of Regulation (EC) 765/2008. Article 17(3) makes the information the Ministry holds on operators' conformity and on their Article 13 assessments available to consumers on request and in an accessible format, subject to the confidentiality of trade secrets and personal data.

Article 18(1) requires the Ministry, where it has sufficient grounds to consider a product non-compliant, to assess it, and where it finds non-compliance to require the operator to take corrective measures within a reasonable period it sets, and then to set a further period for withdrawal from the market. Article 18(4) requires the operator to ensure that appropriate corrective measures are taken for the non-compliant products it made available on the Union market.

Article 18(5) requires the Ministry, if the operator does not take adequate corrective measures in time, to take all appropriate provisional measures to prohibit or restrict the making available of the product on the national market or to withdraw it. Article 18(7) deems a provisional measure justified if neither the Commission nor another Member State objects within ninety days, and has the Ministry then see that restrictive measures such as withdrawal from the market are taken without delay.

Article 18(2) directs the Minister of Economic Development to define the procedures for Article 18 by decree. An amending article adds to Article 2(1) of the decree the definition of withdrawal as letter ee-bis and adds Article 18(6-bis), which obliges the Ministry of Enterprises and Made in Italy to report to the Commission and the other Member States the measures it has taken when another Member State starts the Union safeguard procedure.

Law 103/2023 converting Decree-Law 69/2023 was published in the Gazzetta Ufficiale on 10 August 2023 and entered into force on 11 August 2023. Article 19 requires the Ministry to revoke its measure if the Union safeguard procedure finds it unjustified, and to withdraw a product from the market if a measure of another Member State is found justified.

Article 20 requires the Ministry to set a period in which the operator must end a formal non-compliance, such as a CE marking affixed in breach of Article 14, a missing marking, a missing, incorrect or incomplete EU declaration of conformity, unavailable or incomplete technical documentation, or missing, false or incomplete identification data, and to limit, prohibit or withdraw the product if the non-compliance persists.

Article 24(2) fines an operator that does not comply with what the supervisory authority orders under Article 18(4) between EUR 2,500 and EUR 30,000. Article 24(3) fines an operator that does not give the due cooperation in the activities of Articles 6(9), 7(1), 8(8), 9(5), 11, 12(5), and the last sentences of 13(3) and 13(4), between EUR 2,500 and EUR 30,000, save a reasoned refusal where the information requested could expose it to punitive administrative sanctions or a criminal offence.

Article 25(1) provides that the provisions of the decree have effect from 28 June 2025. The Agenzia per l'Italia Digitale states in its published answers that the Ministry of Enterprises and Made in Italy is the supervisory authority for the products of Article 1(2) and for the audiovisual media services of Article 3 of Legislative Decree 208/2021.

The Agency states there that those audiovisual media services fall to the competences the law gives the Autorità per le garanzie nelle comunicazioni (AGCOM) and the Ministry of Enterprises and Made in Italy.