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General product safety
REGULATION (EU) 2023 / 988
Date: 13.07.2023 / Applicable from 13 December 2024.
Scope of application
Article 2
Area of application
1. This Regulation shall apply to products placed on the market or made available on the market to the extent that there are no specific provisions with the same purpose in Union law governing the safety of the products concerned. Where products are subject to specific safety requirements imposed by Union law, this Regulation shall apply only to those aspects, risks or risk categories not covered by those requirements. With regard to products subject to specific requirements imposed by Union harmonisation legislation, as defined in point 3 of Article 27: (a) Chapter II shall not apply with respect to risks or risk categories covered by Union harmonisation legislation;
4. This Regulation shall be without prejudice to the provisions laid down by Union law relating to consumer protection.
5. This Regulation shall be applied with due regard to the precautionary principle.
Exceptions
Article 2
Scope of application …
As regards products subject to specific requirements imposed by Union harmonisation legislation, as defined in Article 3, point 27: ….
(b) Chapter III, Section 1, Chapters V and VII, and Chapters IX to XI shall not apply.
2. This Regulation shall not apply to:
a) medicinal products for human or veterinary use;
b) food;
c) feed;
(d) living plants and animals, genetically modified organisms and genetically modified microorganisms in contained use, as well as products from plants and animals directly related to their future reproduction;
e) animal by-products and derived products;
f) phytosanitary products;
(g) equipment on which consumers ride or in which they travel, where such equipment is operated directly by a service provider in the context of a transport service provided to consumers, and not by the consumers themselves;
(h) the aircraft referred to in Article 2, paragraph 3, letter
d) of Regulation (EU) 2018/1139;
i) antiques.
3. This Regulation shall apply to products placed on the market or made available on the market, whether new, used, repaired, or reconditioned. It shall not apply to products that require repair or reconditioning before use when such products are placed on the market or made available on the market and are clearly marked as such.
Legal texts