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

Articles in this section · 4

Article R4746-3

French Labour CodeIn force

Updated 2 Nov 2023

I.-Any economic operator within the meaning of Article 3(13) of Regulation (EU) 2019/1020 who fails to provide the agents referred to in Article L. 4311-6 , other than those authorised under Article L. 4314-1, with: 1° The declarations, certificates and instructions referred to in I of Article R. 4746-1; 2° The EU type-approval certificate referred to in point 6 of Annex V of Regulation (EU) 2019/1020. 4314-1 :

1° The declarations, certificates and instructions mentioned in I of Article R. 4746-1 ;

2° The EU type-examination certificate provided for in point 6 of Annex V of Regulation (EU) 2016/425 for personal protective equipment or the EC type-examination certificate provided for in Article R. 4313-31 for machinery.

II.-A fifth-class fine will be imposed if an economic operator mentioned in paragraph 2 of Article 4 of Regulation (EU) 2019/1020 fails to provide the agents mentioned in Article L. 4311-6 other than those authorised pursuant to Article L. 4314-1 with the technical documentation mentioned in Annex III of Regulation (EU) 2016/425 for personal protective equipment or the technical file mentioned in Article R. 4313-6 for machinery, or provides incomplete technical documentation or a technical file.

III - The following is punishable by a fifth-class fine:

1° Any person responsible for the sale, hire, transfer or provision on any basis whatsoever of second-hand work equipment or second-hand personal protective equipment, who fails to provide the agents mentioned in Article L. 4311-6, other than those authorised under Article L. 4314-1, with the certificate of conformity provided for in Article R. 4313-14;

2° For any person responsible for hiring out or making available second-hand personal protective equipment, for failing to provide the agents mentioned in article L. 4311-6, other than those authorised in application of article L. 4314-1, with proof that article R. 4313-16 has been implemented.

Mariela Petrova

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Working with a corporate lawyer in France — Q&A

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.

Yes — most of our clients are foreign suppliers, investors or holding entities. We bridge the gap between French law and your home jurisdiction's expectations and deliver everything bilingually.

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.

Yes — communications with a French avocat are protected by the secret professionnel (Article 66-5 of the Law of 31 December 1971). This protection is broader than the common-law attorney-client privilege and applies to written and oral exchanges.

We work on fixed fees for clearly scoped engagements (incorporation, contract drafting, audits) and on monthly retainers for ongoing advisory. Hourly billing is the exception, not the default. You always know the cost before work starts.

Typical timeline is 2–3 weeks from KYC kick-off to RCS registration, assuming standard documentation. Holding-company structures, foreign-shareholder identification or in-kind contributions can extend this — we flag the gating items at the first meeting.

Absolutely. We routinely coordinate with your in-house counsel, expert-comptable or notaire — pragmatic collaboration is the norm, not the exception. We send them everything they need to do their part without duplicating work.

Mariela Petrova

Mariela Petrova

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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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