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Article R4314-10 of the French Labour Code

I.-The market surveillance authority shall inform the economic operator concerned of any evidence it has of non-conformity of work equipment or personal protective equipment and shall, where appropriate, send it the verification reports referred to in Article R. 4314-5. It shall set a deadline for the operator to submit its observations and set out any corrective measures it intends to take. The economic operator shall specify in particular the nature…

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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measure taken by another Member State is considered justified; 2° Or that equipment identified as dangerous must be withdrawn from the market or its placing on the market made subject to special conditions.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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Article Annexe I à l’article R4312-1 of the French Labour Code

Technical rules on health and safety applicable to new machines or machines considered as new mentioned in article R. 4312-1 of the Labour Code General principles. 1° The manufacturer of a machine must ensure that a risk assessment is carried out in order to determine the technical rules that apply to the machine. The machine is then designed and constructed taking into account the results of the risk assessment. Through…

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Article Annexe II à l’article R4312-6 of the French Labour Code

DEFINING THE TECHNICAL DESIGN AND MANUFACTURING RULES PROVIDED FOR IN ARTICLE R. 4312-6 1. General rules applicable to all personal protective equipment 1.0. General and scope of application These general rules apply to all new personal protective equipment mentioned in articles R. 4311-8 to R. 4311-10. 1.0.0. Definition A user is any person who wears or holds personal protective equipment as defined in articles R. 4311-8 to R. 4311-10, with…

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