Section 2: Services and products other than agricultural, forestry, food or seafood products

Product or service certification subject to the provisions of this section is the activity whereby a body, distinct from the manufacturer, importer, seller, service provider or customer, attests that a product, service or combination of products and services conforms to characteristics described in a certification reference system.The certification reference system is a technical document defining the characteristics that a product, service or combination of products and services must have, and…

Only bodies which have been accredited by the national accreditation body, or the national accreditation body of another Member State of the European Union which is a member of the European co-operation for accreditation and has signed the multilateral mutual recognition agreements covering the certification in question, may carry out product or service certification.

A body not yet accredited for the certification in question may, under conditions defined by decree, carry out certifications, provided it has applied for accreditation.

Any reference to certification in the advertising, labelling or presentation of any product or service, as well as on the commercial documents relating thereto, shall be accompanied by clear information enabling the consumer or user to have easy access to the certified characteristics.The certification reference systems shall be consulted either free of charge at the certification body, or by the issue of copies at the expense of the applicant.

The distinctive sign which, where appropriate, accompanies or materialises the certification shall be registered as a guarantee mark, in accordance with the legislation on trademarks or service marks.

The provisions of articles L. 433-3 to L. 433-7 are not applicable: 1° To the certification of agricultural, forestry, food or sea products; 2° To marketing authorisations for medicinal products for human or veterinary use covered by provisions of Part V of the Public Health Code ; 3° To the issue of hallmarks, stamps, visas, homologation certificates, guarantee marks or attestations of conformity with European provisions by the public authority…

It is forbidden: 1° To issue, in breach of the provisions laid down in articles L. 433-3 to L. 433-7, a title, certificate or any other document attesting that a product or service has certain characteristics which have been the subject of certification; 2° Using any means likely to give the false impression that an organisation meets the conditions defined in Articles L. 433-3 to L. 433-7.

The terms of application of articles L. 433-3 to L. 433-7 are laid down by decree in the Conseil d’Etat.

Owners of trade marks for goods or services may object to advertising texts relating by name to their trade mark being disseminated where the use of that trade mark is intended to mislead the consumer or is made in bad faith.