“product” means a product which is intended for consumers or likely, under reasonably foreseeable conditions, to be used by consumers even if not intended for them and which is supplied or made available, whether for consideration or not, in the course of a commercial activity and whether it is new, used or reconditioned and includes a product that is supplied or made available to consumers for their own use in the context of providing a service.
“product” does not include equipment used by service providers themselves to supply a service to consumers, in particular equipment on which consumers ride or travel which is operated by a service provider;
“recall” means any measure aimed at achieving the return of a dangerous product that has already been supplied or made available to consumers;
“recall notice” means a notice under regulation 15;
“record” includes any book or document and any record in any form;
“requirement to mark” means a notice under regulation 12;
“requirement to warn” means a notice under regulation 13;
“safe product” means a product which, under normal or reasonably foreseeable conditions of use including duration and, where applicable, putting into service, installation and maintenance requirements, does not present any risk or only the minimum risks compatible with the product’s use, considered to be acceptable and consistent with a high level of protection for the safety and health of persons. In determining the foregoing, the following shall be taken into account in particular—
- (a) the characteristics of the product, including its composition, packaging, instructions for assembly and, where applicable, instructions for installation and maintenance,
- (b) the effect of the product on other products, where it is reasonably foreseeable that it will be used with other products,
- (c) the presentation of the product, the labelling, any warnings and instructions for its use and disposal and any other indication or information regarding the product, and
- (d) the categories of consumers at risk when using the product, in particular children and the elderly.
The feasibility of obtaining higher levels of safety or the availability of other products presenting a lesser degree of risk shall not constitute grounds for considering a product to be a dangerous product;
“safety notice” means a suspension notice, a requirement to mark, a requirement to warn, a withdrawal notice or a recall notice;
“serious risk” means a serious risk, including one the effects of which are not immediate, requiring rapid intervention;
“supply” in relation to a product includes making it available, in the context of providing a service, for use by consumers;
“suspension notice” means a notice under regulation 11;
“withdrawal” means any measure aimed at preventing the distribution, display or offer of a dangerous product to a consumer;
“withdrawal notice” means a notice under regulation 14.
Application
3.—(1) Each provision of these Regulations applies to a product in so far as there are no specific provisions with the same objective in rules of Community law governing the safety of the product other than the GPS Directive.
(2) Where a product is subject to specific safety requirements imposed by rules of Community law other than the GPS Directive, these Regulations shall apply only to the aspects and risks or category of risks not covered by those requirements. This means that:
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