Article R4313-89 of the French Labour Code
November 3, 2023
Complaints may be lodged against the decisions of authorised bodies under the conditions set out in article R. 4313-35.
Complaints may be lodged against the decisions of authorised bodies under the conditions set out in article R. 4313-35.
Market surveillance of work equipment and personal protective equipment subject to rules on design, manufacture and placing on the market pursuant to Title I of Book III of Part Four of this Code or to a European regulation shall be carried out by the ministers responsible for labour, agriculture, consumer affairs and customs within the limits of their respective remits. The market surveillance authorities shall carry out the tasks set…
The provisions of this chapter are applicable when the Minister responsible for labour and the Minister responsible for agriculture carry out their market surveillance duties. The Minister responsible for consumer affairs carries out his market surveillance duties within the framework of the provisions of the Consumer Affairs Code. The Minister responsible for customs shall exercise his market surveillance mission within the framework of the provisions of the Union Customs Code,…
Officers authorised to carry out market surveillance duties on the basis of article L. 4314-1 are designated by order of the Minister for Labour or the Minister for Agriculture. They have national jurisdiction to investigate and record breaches of the regulations relating to work equipment and personal protective equipment available on the national market. A professional card stating the authorisation and its purpose is issued to them by the Minister…
Market surveillance authorities and authorised agents shall exercise their powers and perform their duties independently, impartially and objectively.
I.-For the purposes of verifying the compliance of equipment with the design, manufacturing and marketing rules applicable to it and obtaining evidence of any non-compliance, the market surveillance authorities and authorised agents may: 1° Require economic operators to provide the documents and information mentioned in article R. 4314-8; 2° Carry out on-site inspections, unannounced if necessary, and physical checks on equipment, including by subjecting it to verification in the form…
The use of an assumed identity is permitted when the market surveillance authority or the regulated agent has information enabling it to consider that its identification would be likely to hinder the conduct or effectiveness of the inspection. During on-site inspections, authorised agents must carry their professional card as proof of their status. Where the establishment of proof of a breach depends on this and cannot be established in any…
After each inspection, the authorised officers draw up a report on compliance by economic operators with the regulations governing the design, manufacture and marketing of equipment.
The market surveillance authorities and authorised agents may request the economic operator concerned to provide them with : 1° The document relating to the conformity of a specimen of equipment drawn up by the manufacturer; 2° The file or technical documentation for a model of equipment, comprising the relevant documents, technical specifications, data or information relating to the conformity of the model of equipment and its technical characteristics, including access…
Requests for documents and information as provided for in article R. 4314-8 must state the reasons for the request. The time limit set for the economic operator to respond to a request for the technical file or documentation takes account of the time needed to make the file or documentation available. The technical file or documentation may be requested for ten years after the date of the last manufacture.
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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is a Registered Trademark of
PETROFF LAW FIRM (SELARL LEGASTRAT)
182, rue de Rivoli
75001, Paris France
RCS Paris n°814433470
Paris Bar Registration n° (Toque) C2396
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