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Article R4314-11 of the French Labour Code

In the absence of appropriate measures taken by the economic operator concerned after the notification provided for in Article R. 4314-10, the market surveillance authority may order him to take the following measures within a time limit which it shall set: 1° Bring the equipment concerned into compliance, in particular by correcting a formal non-conformity, so that new equipment placed on the market complies, or by ensuring that the equipment…

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Article R4314-12 of the French Labour Code

Where an economic operator has not implemented the corrective measures prescribed on the basis of Article R. 4314-11, the market surveillance authority may, on the basis of Article L. 4314-2, by order, prohibit, restrict or impose special conditions on the display, offering for sale, sale, hire, import, transfer, making available for any purpose whatsoever, putting into service or use of the equipment concerned, or order that it be recalled or…

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Article R4314-13 of the French Labour Code

The safeguard measures provided for in article R. 4314-12 are also implemented when the Minister concerned is notified by the European Commission: 1° That a prohibition or restriction measure taken by another Member State is considered justified; 2° Or that equipment identified as dangerous must be withdrawn from the market or its placing on the market made subject to special conditions. In such cases, a notice in the Official Journal…

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Article R4314-14 of the French Labour Code

Articles R. 4314-12 and R. 4314-13 do not apply to agricultural or forestry tractors, their separate technical units, systems or components for which the safeguard procedure provided for in Regulation (EU) No 167/2013 is implemented in accordance with the provisions of Decree No 2005-1236 of 30 September 2005 on the rules, requirements and procedures applicable to agricultural or forestry tractors and their equipment.

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Article R4314-15 of the French Labour Code

In the event of non-conformity of equipment established by checks carried out by the market surveillance authority, the costs which may be charged to the economic operator in question on the basis of the third paragraph of Article L. 4314-1 include the costs of acquisition, packaging, transport, documentary checks, testing, analysis, physical checks, trials, expert appraisals and storage costs incurred by the authority in establishing this non-conformity. Where a market…

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Article R4314-17 of the French Labour Code

Before a measure, decision or order provided for in this Section is issued, the economic operator concerned shall be given the opportunity to comment within an appropriate period which may not be less than ten working days. In cases of urgency with regard to health and safety requirements or other grounds of public interest protected by the regulations on work equipment and personal protective equipment, the market surveillance authority shall…

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