sec_2_1__para

Union harmonisation legislation applies to products which are intended to be placed (and/or put into service (27)) on the market (28). Furthermore, Union harmonisation legislation applies when the product is placed on the market (or put into service) and to any subsequent making available until the product reaches the end-user (29) (30). A product still in the distribution chain falls under the obligations of the Union harmonisation legislation as long as it is a new product. (31) Once it reaches the end-user it is no longer considered a new product and the Union harmonisation legislation no longer applies. This is without prejudice to the level of safety or other public interest protection that a product must offer when used as intended in relation to the applicable Union harmonisation legislation at the time it was placed on the market, or to any market surveillance measure that may be taken in relation to products which have already been made available to an end user and present a risk (e.g. recalls).

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Source: EUR-Lex (Cellar) · retrieved 2026-09-25 · Text as adopted (Official Journal); later amendments are not incorporated in this text.