The provisions of this section do not apply when :
1° The device is sold to a manufacturer of an in vitro diagnostic medical device, except where the latter expressly requests this from the reseller;
2° The device comes from a Member State of the European Union or a State party to the Agreement on the European Economic Area and complies with a technical rule that is mandatory for resale in one of these States, provided that this technical rule ensures a level of health and safety protection equivalent to that sought by these provisions;
3° The device is placed on the market for the first time in the territory of the European Union or a State party to the Agreement on the European Economic Area. The provisions of Chapter I of Title II of Book II of Part Five of this Code then apply.