Chapter IV: Market surveillance

Articles in this section · 2

L4314-1L4314-2

Article L4314-1

French Labour CodeIn force
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Updated 6 Nov 2023

For the application of Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 on market surveillance and product conformity, and amending Directive 2004/42/EC and Regulations (EC) No 765/2008 and (EU) No 305/2011, market surveillance is carried out by the administrative authorities designated by decree in the Council of State. These authorities shall ensure compliance by economic operators, within the meaning of Article 3 of the aforementioned Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019, with their respective obligations, shall implement the appropriate and proportionate powers and measures defined in Articles 14 and 16 of the same Regulation and may empower agents for this purpose, without prejudice to the duties and prerogatives of the control agents mentioned in Article L. 4311-6 of this Code, in accordance with the procedures defined by decree in the Conseil d'Etat.

Access to premises, land and means of transport for professional use provided for in Article 14 of the aforementioned Regulation (EU) 2019/1020 of the European Parliament and of the Council of 20 June 2019 by the officers mentioned in the first paragraph of this Article is authorised between 8am and 8pm. Where these premises are also used for residential purposes, these officers may only enter them after receiving authorisation from the persons occupying them.

Without prejudice to any other penalties incurred, where the non-compliance of a product with the regulations has been established by checks carried out in application of this article, the authorities responsible for market surveillance may decide to make the economic operator in question bear all the costs directly incurred by these authorities and occasioned by tests, the prohibition of the placing on the market of a product or the storage and activities relating to products which are found not to comply and which are the subject of a corrective measure before being released for free circulation or placed on the market.

The detailed rules for the application of this article shall be determined by decree in the Conseil d'Etat.

Mariela Petrova

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Any time a strategic decision changes how the company is owned, governed or contractually bound — incorporation, fundraising, M&A, restructuring, shareholder agreements, or major commercial contracts. Earlier engagement always costs less than later remediation.

A notary (notaire) is a public officer who authenticates specific deeds (mainly real-estate transfers and certain family-law acts). A corporate lawyer (avocat) advises on strategy, negotiates and drafts company documents, and represents you in disputes. The two roles complement rather than overlap.

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Mariela Petrova

Mariela Petrova

Avocate au Barreau de Paris

Toque #C2396

15+ Years In Corporate Practice

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Communications protected by professional secrecy — secret professionnel de l'avocat, Article 66-5 of the Law of 31 December 1971.

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