Title II: SAFETY

For the purposes of this Title, the following definitions shall apply:1° Producer:a) The manufacturer of the product, where he is established in the European Union and any other person who presents himself as the manufacturer by affixing his name, trade mark or other distinctive sign to the product, or the person who carries out the reconditioning of the product ;b) The manufacturer’s representative, when the manufacturer is not established in…

The provisions of this Title shall not apply to antiques and second-hand products requiring repair or refurbishment prior to use where the supplier informs the person to whom he supplies the product of the need for such repair or refurbishment.

Products and services must, under normal conditions of use or under other conditions reasonably foreseeable by the professional, present the safety that can legitimately be expected and not be harmful to people’s health.

Producers and distributors shall take all appropriate measures to contribute to compliance with all the safety obligations laid down in this Title.

A product is deemed to satisfy the general safety obligation set out in article L. 421-3, when it complies with the specific regulations applicable to it aimed at protecting consumer health or safety.

A product is presumed to satisfy the general safety obligation set out in article L. 421-3, with regard to the risks and categories of risk covered by the standards applicable to it, where it complies with non-mandatory national standards transposing European standards, the references of which have been published by the European Commission in the Official Journal of the European Union pursuant to Article 4 of Directive 2001/95/EC of 3…

In cases other than those mentioned in articles L. 421-5 and L. 421-6, the compliance of a product with the general safety obligation is assessed by taking into account the following elements in particular, where they exist: 1° Non-mandatory national standards transposing European standards applicable to the product other than those whose reference is published in the Official Journal of the European Union pursuant to article 4 of Directive 2001/95/EC…