in force 2026-05-29
32023R0988 → 02023R0988-20260529
Amended by Regulation (EU) 2024/2748 32024R2748
Regulation (EU) 2024/2748 of the European Parliament and of the Council of 9 October 2024 amending Regulations (EU) No 305/2011, (EU) 2016/424, (EU) 2016/425, (EU) 2016/426, (EU) 2023/988 and (EU) 2023/1230 as regards emergency procedures for the conformity assessment, presumption of conformity, adoption of common specifications and market surveillance due to an internal market emergency (Text with EEA relevance)
detected 2026-08-12
6 provisions touched — 6 substantive, 0 date-only, 4 disputed · 1 change without an explanation
Emendrix checks every change against three independent sources. Where they disagree it says so rather than picking a winner.
MODIFIED +12 −0 Art. 2 Scope§
applies from: unchanged
The list of chapters excluded from applying to products subject to Union harmonisation legislation now also includes Chapter IIa, in addition to Chapter III, Section 1, Chapters V and VII, and Chapters IX to XI.
The prior version of this exclusion list did not mention Chapter IIa.
Cited: Art. 2, v2 · Art. 2, v1
text before / after
32023R0988 → 02023R0988-20260529
Article 2 Scope 1. 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 +702 −10 Art. 3 Definitions§
applies from: unknown (the text changed beyond its dates, so no date that moved can be read as the application date)
dates added to the text: 2024-10-09
The list of definitions gains two new entries after the existing definition of antiques, adding terms for crisis-relevant goods and internal market emergency mode.
Both new terms are defined by cross-reference to specific points of Article 3 of Regulation (EU) 2024/2747 rather than by wording original to this Article.
The prior version of the article ended with the definition of antiques and contained no equivalent entries.
Cited: Art. 3, v2 · Art. 3, v1
text before / after
32023R0988 → 02023R0988-20260529
Article 3
Definitions
For 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 … 856 unchanged words … 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 +648 −0 Art. 8a Application of emergency procedures§
applies from: unknown (an inserted provision states its own application date only in prose)
Sources disagree — the text comparison and the amending act's instructions found this change; the EU's own amendment metadata does not list it. All are shown; none is overruled.
A new Article 8a is added, 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.
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.
Cited: Art. 8a, v2
text before / after
inserted text (02023R0988-20260529)
Article 8a Application of emergency procedures 1. 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 +2,438 −0 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)
Sources disagree — the text comparison and the amending act's instructions found this change; the EU's own amendment metadata does not list it. All are shown; none is overruled.
A new Article 8b establishes that, alongside the presumption of conformity under Article 7, conformity with the general safety requirement in Article 5 may also be presumed where severe internal market disruptions considered when activating the internal market emergency mode significantly restrict manufacturers' ability to use published European standards, provided the product conforms to national health and safety requirements compliant with Union law.
The new provision also directs Member States to ensure their competent authorities treat compliance with certain other European, international, or national standards as presumption of conformity with the general safety requirement for the risks those standards cover, unless the standards are inadequate under the other elements of Articles 6 and 8.
It further states that Article 7(3) applies to the presumption of conformity established under this new Article 8b.
Cited: Art. 8b, v2
text before / after
inserted text (02023R0988-20260529)
Article 8b Presumption of conformity with the general safety requirement in the context of an internal market emergency 1. 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 +479 −0 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)
Sources disagree — the text comparison and the amending act's instructions found this change; the EU's own amendment metadata does not list it. All are shown; none is overruled.
This is a new article establishing that Member States are to prioritise market surveillance activities for products covered by the Regulation that are listed in the implementing act referred to in Article 8a(1).
It further 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.
Cited: Art. 8c, v2
text before / after
inserted text (02023R0988-20260529)
Article 8c Prioritisation of market surveillance activities and mutual assistance among authorities 1. 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 ±0 CHA IIa§
applies from: unknown
Sources disagree — the EU's own amendment metadata found this change; the text comparison finds no difference in the provision's text and the amending act's instructions do not mention it. All are shown; none is overruled.
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`.
text before / after
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.