Chapter VI: Infringements of the rules relating to the design, manufacture and marketing of work equipment and personal protective equipment

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L4746-1

Article L4746-1

French Labour CodeIn force
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Updated 6 Nov 2023

For an economic operator within the meaning of Article 3 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:

1° Exhibiting, offering for sale, selling, importing, hiring out, making available or transferring for any purpose whatsoever work equipment or personal protective equipment that has not undergone the conformity assessment procedure provided for by the regulations relating to the design, manufacture and placing on the market applicable to it is punishable by a fine of €50,000. In the event of a repeat offence, the fine is doubled;

2° Exhibiting, offering for sale, selling, importing, renting, making available or transferring for any reason whatsoever work equipment or personal protective equipment that does not comply with the technical rules set out in article L. 4311-3 of this Code or with the essential health and safety requirements set out in Annex II to Regulation (EU) 2016/425 of the European Parliament and of the Council of 9 March 2016 on personal protective equipment and repealing Council Directive 89/686/EEC or with the occupational safety requirements set out in Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on type-approval and market surveillance of agricultural and forestry vehicles is punishable by a fine of €100,000. In the event of a repeat offence, the fine is doubled.

When the acts mentioned in 2° are likely to compromise the health or safety of users or other persons, the fine is €200,000.

In the event of a repeat offence, the acts mentioned in the fourth paragraph are punishable by two years' imprisonment and a double fine.

This article also applies when the acts mentioned in 1° and 2° concern second-hand equipment.

This article does not apply to an economic operator who manufactures for his own use or puts into service one of the items of equipment mentioned in this article for his own use.

In the event of a conviction under this article, the court may order the additional penalties provided for in article L. 4741-10.

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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The SAS (Société par Actions Simplifiée) is the default choice for most international structures: flexible governance, single shareholder allowed, no minimum capital, and works cleanly with foreign holding entities. We assess SARL, SA, SCI on the merits when the situation calls for it.

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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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