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Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC (Text with EEA relevance)

article  2

CELEX:  32023R0988

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 III, Section 1, Chapters V and VII and Chapters IX to XI do not apply.
Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and the Council, and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC (Text with EEA relevance)

article  2

CELEX:  32023R0988

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.