32023R0988 → 02023R0988-20260529
in force 2026-05-29 · detected 2026-08-11
6 provisions touched — 6 substantive, 0 date-only, 4 disputed · 0 sentences quoted verbatim by the gate, 1 changes shipped without an explanation
MODIFIED Art. 2 — Scope · applies from unchanged
In point (b) of Article 2(1)(3), the list of chapters that do not apply to products subject to specific Union harmonisation legislation requirements now also includes Chapter IIa, alongside Chapter III, Section 1, Chapters V and VII, and Chapters IX to XI. Art. 2, v1 Art. 2, v2
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Article 2Scope1.This Regulation applies to products that are placed or made available on the market insofar as there are no specific provisions with the same objective under Union law which regulate the safety of the products concerned.Where products are subject to specific safety requirements imposed by Union law, this Regulation applies only to those aspects and risks or categories of risks which are not covered by those requirements.With regard to products subject to specific requirements imposed by Union harmonisation legislation as defined in Article 3, point (27):(a)Chapter II does not apply insofar as the risks or categories of risks covered by Union harmonisation legislation are concerned;(b)Chapter IIa, Chapter III, Section 1, Chapters V and VII and Chapters IX to XI do not apply.2.This Regulation does 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 of plants and animals relating directly to their future reproduction;(e)animal by-products and derived products;(f)plant protection products;(g)equipment on which consumers ride or travel where that equipment is directly operated by a service provider within the context of a transport service provided to consumers and is not operated by the consumers themselves;(h)aircraft referred to in Article 2(3), point (d) of Regulation (EU) 2018/1139;(i)antiques.3.This Regulation applies to products placed or made available on the market whether new, used, repaired or reconditioned. It does not apply to products to be repaired or reconditioned prior to being used where those products are placed or made available on the market and are clearly marked as such.4.This Regulation is without prejudice to the rules laid down by Union law on consumer protection.5.This Regulation shall be implemented taking due account of the precautionary principle.
MODIFIED Art. 3 — Definitions · applies from unknown (the text changed beyond its dates; the applicability binding is prose)
Two new definitions were added after the existing 'antiques' definition: point (29) defining 'crisis-relevant goods' by reference to Article 3, point (6), of Regulation (EU) 2024/2747, and point (30) defining 'internal market emergency mode' by reference to Article 3, point (3), of that same Regulation. Art. 3, v2
The prior version ended its list of definitions at point (28), 'antiques', with no equivalent terms present. Art. 3, v1
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Article 3DefinitionsFor the purposes of this Regulation the following definitions apply:(1)product means any item, whether or not it is interconnected to other items, supplied or made available, whether for consideration or not, including in the context of providing a service, which is intended for consumers or is likely, under reasonably foreseeable conditions, to be used by consumers even if not intended for them;(2)safe product means any product which, under normal or reasonably foreseeable conditions of use, including the actual duration of use, does not present any risk or only the minimum risks compatible with the product’s use, considered acceptable and consistent with a high level of protection of the health and safety of consumers;(3)dangerous product means any product which is not a safe product;(4)risk means the combination of the probability of an occurrence of a hazard causing harm and the degree of severity of that harm;(5)serious risk means a risk which, based on a risk assessment and taking into account the normal and foreseeable use of the product, is considered to require rapid intervention by the market surveillance authorities, including cases where the effects of the risk are not immediate;(6)making available on the market means any supply of a product for distribution, consumption or use on the Union market in the course of a commercial activity, whether in return for payment or free of charge;(7)placing on the market means the first making available of a product on the Union market;(8)manufacturer means any natural or legal person who manufactures a product or has a product designed or manufactured, and markets that product under that person’s name or trademark;(9)authorised representative means any natural or legal person established within the Union who has received a written mandate from a manufacturer to act on that manufacturer’s behalf in relation to specified tasks with regard to the manufacturer’s obligations under this Regulation;(10)importer means any natural or legal person established within the Union who places a product from a third country on the Union market;(11)distributor means any natural or legal person in the supply chain, other than the manufacturer or the importer, who makes a product available on the market;(12)fulfilment service provider means any natural or legal person offering, in the course of commercial activity, at least two of the following services: warehousing, packaging, addressing and dispatching, without having ownership of the products involved, excluding postal services as defined in Article 2, point (1) of Directive 97/67/EC of the European Parliament and of the CouncilDirective 97/67/EC of the European Parliament and of the Council of 15 December 1997 on common rules for the development of the internal market of Community postal services and the improvement of quality of service (OJ L 15, 21.1.1998, p. 14)., parcel delivery services as defined in Article 2, point (2) of Regulation (EU) 2018/644 of the European Parliament and of the CouncilRegulation (EU) 2018/644 of the European Parliament and of the Council of 18 April 2018 on cross-border parcel delivery services (OJ L 112, 2.5.2018, p. 19)., and any other postal services or freight transport services;(13)economic operator means the manufacturer, the authorised representative, the importer, the distributor, the fulfilment service provider or any other natural or legal person who is subject to obligations in relation to the manufacture of products or making them available on the market in accordance with this Regulation;(14)provider of an online marketplace means a provider of an intermediary service using an online interface which allows consumers to conclude distance contracts with traders for the sale of products;(15)online interface means any software, including a website, part of a website or an application, including mobile applications;(16)distance contract means a distance contract as defined in Article 2, point (7), of Directive 2011/83/EU;(17)consumer means any natural person who acts for purposes which are outside that person’s trade, business, craft or profession;(18)trader means any natural person or any legal person irrespective of whether privately or publicly owned, who is acting, including through any person acting in that natural or legal person’s name or on that natural or legal person’s behalf, for purposes relating to the natural or legal person’s trade, business, craft or profession;(19)European standard means a European standard as defined in Article 2, point (1), point (b) of Regulation (EU) No 1025/2012;(20)international standard means an international standard as defined in Article 2, point (1), point (a) of Regulation (EU) No 1025/2012;(21)national standard means a national standard as defined in Article 2, point (1), point (d) of Regulation (EU) No 1025/2012;(22)European standardisation organisation means a European standardisation organisation as listed in Annex I to Regulation (EU) No 1025/2012;(23)market surveillance means the activities carried out and measures taken by market surveillance authorities to ensure that products comply with the requirements set out in this Regulation;(24)market surveillance authority means an authority designated by a Member State under Article 10 of Regulation (EU) 2019/1020 as responsible for organising and carrying out market surveillance in the territory of that Member State;(25)recall means any measure aimed at achieving the return of a product that has already been made available to the consumer;(26)withdrawal means any measure aimed at preventing a product in the supply chain from being made available on the market;(27)Union harmonisation legislation means Union legislation listed in Annex I to Regulation (EU) 2019/1020 and any other Union legislation harmonising the conditions for the marketing of products to which that Regulation applies;(28)antiques means products, such as collectors’ items or works of art, in relation to which consumers cannot reasonably expect that they fulfil state-of-the-art safety standards. standards;(29)crisis-relevant goods means crisis-relevant goods as defined in Article 3, point (6), of Regulation (EU) 2024/2747 of the European Parliament and of the CouncilRegulation (EU) 2024/2747 of the European Parliament and of the Council of 9 October 2024 establishing a framework of measures, related to an internal market emergency and to the resilience of the internal market and amending Council Regulation (EC) No 2679/98 (Internal Market Emergency and Resilience Act) (OJ L, 2024/2747, 8.11.2024, ELI: http://data.europa.eu/eli/reg/2024/2747/oj).;(30)internal market emergency mode means internal market emergency mode as defined in Article 3, point (3), of Regulation (EU) 2024/2747.
INSERTED Art. 8a — Application of emergency procedures · applies from unknown (an inserted provision states its own application date only in prose)
Disputed — seen by the structural diff, the instruction parse, not by corpus metadata.
Article 8a is a newly inserted provision stating that Articles 8b and 8c apply only if the Commission has adopted an implementing act under Article 28 of Regulation (EU) 2024/2747 with respect to products covered by this Regulation. Art. 8a, v2
It further states that Articles 8b and 8c apply only to products designated as crisis-relevant goods under Article 18(4) of Regulation (EU) 2024/2747, and only during an internal market emergency mode activated under Article 18 of that Regulation. Art. 8a, v2
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Article 8aApplication of emergency procedures1.Articles 8b and 8c of this Regulation shall apply only if the Commission has adopted an implementing act pursuant to Article 28 of Regulation (EU) 2024/2747 with respect to products covered by this Regulation.2.Articles 8b and 8c of this Regulation shall apply only to products covered by this Regulation which have been designated as crisis-relevant goods pursuant to Article 18(4) of Regulation (EU) 2024/2747.3.Articles 8b and 8c of this Regulation shall apply only during the internal market emergency mode that has been activated in accordance with Article 18 of Regulation (EU) 2024/2747.
INSERTED Art. 8b — Presumption of conformity with the general safety requirement in the context of an internal market emergency · applies from unknown (an inserted provision states its own application date only in prose)
Disputed — seen by the structural diff, the instruction parse, not by corpus metadata.
A new Article 8b is added, setting out an additional presumption of conformity with the general safety requirement that applies specifically in the context of an internal market emergency activated under Regulation (EU) 2024/2747, allowing conformity with national health and safety requirements to be treated as meeting Article 5 where severe disruptions significantly restrict manufacturers' ability to use already-published relevant European standards. Art. 8b, v2
The new provision also extends the presumption of conformity to products complying with certain other European, international or national standards not yet published in the Official Journal, subject to Member States ensuring their competent authorities treat such compliance as meeting the general safety requirement unless the standards are inadequate under Articles 6 and 8, and it applies Article 7(3) to the presumptions established under this new Article. Art. 8b, v2
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Article 8bPresumption of conformity with the general safety requirement in the context of an internal market emergency1.In addition to the presumption of conformity laid down in Article 7 of this Regulation, where severe disruptions to the functioning of the internal market, which were taken into consideration when the internal market emergency mode was activated in accordance with Article 18 of Regulation (EU) 2024/2747, significantly restrict the possibilities for manufacturers to make use of relevant European standards the references of which have already been published in the Official Journal of the European Union in accordance with Regulation (EU) No 1025/2012, the presumption of conformity with the general safety requirement laid down in Article 5 may also be established for the purpose of placing products on the market if the product conforms to national requirements as regards the risks and risk categories covered by health and safety requirements laid down in the national law of the Member State in which the product is made available on the market, provided that such law is in compliance with Union law.2.In addition to the cases where the presumption of conformity with the general safety requirement laid down in Article 5 of this Regulation applies under paragraph 1 of this Article and Article 7(1) of this Regulation, Member States shall take all appropriate measures to ensure that, for the purpose of placing or making available of products on the market, their competent authorities consider that products which comply with relevant European standards other than those the references of which have been published in the Official Journal of the European Union in accordance with Article 10(7) of Regulation (EU) No 1025/2012, with relevant international standards developed by a recognised international standardisation body as defined in Article 2(9) of Regulation (EU) No 1025/2012, or with relevant national standards developed by a national standardisation body as defined in Article 2(10) of Regulation (EU) No 1025/2012, are presumed to meet the general safety requirement laid down in this Regulation as far as the risks and risk categories covered by those standards are concerned, unless such standards are not adequate in view of the other elements of Articles 6 and 8 of this Regulation.3.Article 7(3) applies to the presumption of conformity established in accordance with this Article.
INSERTED Art. 8c — Prioritisation of market surveillance activities and mutual assistance among authorities · applies from unknown (an inserted provision states its own application date only in prose)
Disputed — seen by the structural diff, the instruction parse, not by corpus metadata.
A new Article 8c is added, directing Member States to prioritise market surveillance activities for products covered by the Regulation that are listed in the implementing act referred to in Article 8a(1). Art. 8c, v2
It also states that market surveillance authorities of the Member States are to ensure best efforts are made to provide assistance to other market surveillance authorities during an internal market emergency mode. Art. 8c, v2
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Article 8cPrioritisation of market surveillance activities and mutual assistance among authorities1.Member States shall prioritise market surveillance activities for products covered by this Regulation that are listed in the implementing act referred to in Article 8a(1).2.The market surveillance authorities of the Member States shall ensure that best efforts are made to provide assistance to other market surveillance authorities during an internal market emergency mode.
INSERTED CHA IIa · applies from unknown
Disputed — seen by corpus metadata, not by the structural diff, the instruction parse.
No explanation shipped — the structural diff did not see this change, so it carries no text; another signal named the unit and the disagreement ships as `disputed`.
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No text on either side: this unit was named by a signal that carries no text, and only the structural diff carries any.
The full entry, with the citation mapping v1 = 32023R0988, v2 = 02023R0988-20260529, is committed at eu/32023R0988/CHANGELOG.md.