InterAmÔ
Database
Journal Officiel de la République
française (
Consumer
Code (Regulatory Part – Council of State decrees)
Dernier texte modificateur signalé : Décret
n°2003-137 du 18 février 2003
With the participation of : Henri TEMPLE,
Director for the Consumer Law Research Centre –
Geoffrey WOODROFFE, Director for the Consumer Law Research Centre –
Brunel’s
CONSUMER CODE (Regulatory Part – Council of State decrees)
Volume I: Consumer information and contract
information
Part I
Consumer information
Chapter
II: Manner
of presentation and labelling
Article R112-1
In the sense of this chapter the following definitions
are used:
Foodstuff: any commodity, product or drink intended
for human use;
Pre-packaged foodstuff: the unit of sale constituted
by a foodstuff and the packaging in which it has been wrapped prior to its
presentation for sale, whether said packaging covers it entirely or partially
but in such a manner that the content cannot be modified without the packaging
being opened or modified;
Labelling: words, indications,
manufacturer’s brands or trademarks, images or signs relating to a foodstuff
and appearing on any accompanying packaging, document, notice, label, collar or
neck label or that refers to this foodstuff.
Article R112-2
Ingredient is understood to mean any substance,
including additives, used the manufacture or preparation of a foodstuff and
which is still present in the finished product, possibly in a modified form.
When a foodstuff ingredient has been processed from
several ingredients, the latters are considered to be ingredients of this
foodstuff.
Article R112-3
The following are not, however, considered to be
ingredients:
Components of an ingredient that, during the course of
the manufacturing process, may have been temporarily removed only to be
reincorporated later on in a quantity not exceeding the initial content;
Additives that are only present in a foodstuff due to
the fact that they are contained in one or more ingredients of this foodstuff
and provided that they do not play any further technological role in the
finished product;
Processing aids;
Substances used in the doses strictly required as
solvents or supports for additives and flavourings.
Article R112-4
Liquid medium is understood to mean the products
listed hereinafter, alone or in a mixture and also where they are presented in a
frozen or deep-frozen state, seeing as they are only secondary to the essential
components of the preparation, such as water, aqueous salt solutions, brines,
aqueous food acid solutions, vinegar, aqueous sugar solutions, aqueous
solutions of other substance or sweeteners, fruit or vegetable juices in the
case of fruit and vegetables.
Article R112-5
(Decree no. 2000-705 of 20 July 2000 art. 4 Journal
officiel of
Batch is taken to mean a series of units of sale of a
foodstuff that has been produced, manufactured or packaged under practically
identical circumstances.
Article R112-6
It is prohibited to hold, with a view to the sale or
distribution free of charge, with a view to putting on sale, selling or
distributing free of charge, foodstuffs whose labelling or presentation do not
conform to the requirements of this chapter.
Article R112-7
(Decree no. 98-879 of 29 September 1998 art. 1 Journal
officiel of 2 October 1998)
The labelling and procedures according to which it is
produced must not be likely to create confusion in the minds of the purchaser
or the consumer, in particular, with regard to the foodstuff’s characteristics
and, more particularly, with regard to the nature, identity, qualities,
composition, quantity, durability, storage, origin or provenance, manufacturing
method or means by which it has been obtained.
The labelling must not include any wording likely to
lead to the belief that the foodstuff has special characteristics when all
similar foodstuffs possess these same characteristics.
Subject to the provisions applicable to foodstuffs, to a particular foods as well as to natural mineral waters,
the labelling of a foodstuff must not state properties of prevention, treatment
or healing of a human disease nor invoke these properties.
The aforementioned bans or restrictions also apply to
the presentation of foodstuffs, in particular in the form or appearance given
to the latter or to their packaging, to the packaging material used, to the
manner in which they are arranged as well as to the environment to which they
are exposed.
Article R112-8
All the labelling statements provided for by this
chapter must be easily understandable, written in Franc and be free of
abbreviations other than those provided for by regulations or international
conventions. The are written in an obvious place and
are clearly visible, legible and indelible. They must not, in any way, be
concealed, masked or separated by other indications or images.
Article R112-9
(Decree no. 98-879 of 29 September 1998 art. 1 Journal
officiel of 2 October 1998)
(Decree no. 2000-705 of 20 July 2000 art. 4 Journal
officiel of
Without prejudice to provisions relating to
metrological testing, the labelling of pre-packaged foodstuffs involves, in
accordance with the conditions and subject to the exemptions provided for in
this chapter, the following obligatory wordings:
A sales description;
A list of ingredients;
The quantity of certain ingredients or categories of
ingredients, in accordance with the conditions provided for by articles R.
112-17 and R. 112-17-1;
The net quantity;
The date until which the foodstuff retains its
specific properties as well as an indication of special storage conditions;
The name or company name and address of the
manufacturer or packager or of a vendor established within the European
community;
An indication of the batch;
The place of origin or provenance every time that the
omission of this wording is likely to create confusion in the mind of the
purchaser over the actual origin or provenance of the foodstuff;
The method of use every time that the wording is
required for an appropriate use of the foodstuff as well as, where appropriate,
special conditions of use, in particular, precautions for use.
Article R112-9-1
Without prejudice to the provisions of article R.
112-9, the labelling of pre-packaged foodstuffs listed in this article involves
the following obligatory additional statements:
The alcoholic strength by volume for alcoholic drinks
over 1.2% proof ;
The words “packaged in a protective atmosphere” for
foodstuffs whose life has been prolonged by packaging gases authorised in
application of decree no. 89-674 of 18 September 1989 relating to additives
that may be used in foodstuffs for human consumption;
The words “with sweetener(s)” for foodstuffs
containing one or more of the sweeteners authorised in application of the
aforementioned decree of
The words “with sweetener(s)” for foodstuffs
containing both added sugar, or sugars, and one or more of the sweeteners
authorised in application of the aforementioned decree of 18 September 1989.
This wording must accompany the sales description as provided for in article R.
112-14;
The words “contains a source of phenylalanine” for
foodstuffs containing aspartame.
The words “excessive consumption may produce laxative
effects” for foodstuffs in which polyalcohols, authorised in application of the
aforementioned decree of
Other obligatory statements laid
down, where appropriate, by other regulatory provisions relating to certain
determined foodstuffs.
Article R112-10
(Decree no. 98-879 of 29 September 1998 art. 4 Journal
officiel of 2 October 1998)
Where pre-packaged foodstuffs are intended for
presentation to the final consumer, the statements provided for in articles R.
112-9 and R. 112-9-1 appear on the pre-packaging or on a label linked to the
latter. The statements listed in points 1, 4 and 5 of article R. 112-9 and
point 1 of article R. 112-9-1 are grouped together in the same field of vision.
For pre-packages whose largest surface has a surface
area of less than 10 square centimetres, as well as for glass bottles intended
for reuse, which are indelibly marked and which, because of this, do not have
any label, or collar or neck label, the labelling may only contain the
statements provided for in points 1, 4 and 5 of article R. 112-9.
Article R112-11
(Decree no. 98-879 of 29 September 1998 art. 5Journal
officiel of 2 October 1998)
(Decree no. 2000-705 of 20 July 2000 art. 4 Journal
officiel of
Where pre-packaged foodstuffs are marketed at a
stage prior to sale to the end consumer or where they are intended for delivery
to restaurants, hospitals, canteens and other similar institutions, hereinafter
known as “collectives”, in order to be prepared, processed, divided or split
therein, the statements provided for in article R. 112-9, with the exception of
the indication of batch, and those provided for in article R. 112-9-1 may only
appear on information sheets, delivery notes or commercial documents where the
latter accompany the foodstuffs to which they relate or where they have been
sent, prior to, or at the same time as, delivery.
These documents must be held at the place of use or
storage of the foodstuffs to which they relate. In this event, the statements
provided for in points 1, 5 and 6 of article R. 112-9 also appear on the
external packaging in which said foodstuffs are presented during marketing.
Article R112-12
(Decree no. 98-879 of 29 September 1998 art. 6 Journal
officiel of 2 October 1998)
In the case of mail-order sales, the catalogues,
brochures, prospectuses or notices informing the consumer of the products
offered for sale and enabling the latter to place a direct order must included
the statements provided for in points 1, 2, 4 and 8 of article R. 112-9 and in
point 7 of R. 112-9-1.
Article R112-13
Orders issued by the minister for consumer affairs,
the minister for agriculture and other interested ministers fix, where
necessary, the practical procedures for applying articles R. 112-9 to R.
112-12, in particular, with regard to the use of conventional signs.
Article R112-14
The sales description of a foodstuff is that fixed by
current regulations on fraud prevention or, failing this, by other regulations
or by trading practice. In the absence of regulations or customary practices,
this description must consist of a description of the foodstuff and, if
necessary, of its use. The description must be accurate enough to enable the
purchaser to know its real nature and to distinguish it from product with which
it could be confused.
In any event, the sales description must be
independent of the trademark or manufacturer’s brand of the fancy name.
Every time that the omission of this information is
likely to cause confusion in the mind of the purchaser, the sales description
includes an indication of the physical state in which the foodstuff is to be
found or the specific processing treatment to which it has been subjected, such
as, in particular: in powdered form, freeze-dried, frozen, deep-frozen,
defrosted, pasteurised, sterilised, reconstituted, concentrated, smoked.
Article R112-14-1
Where the foodstuff was produced in another European
Community state, the trade name under which it is legally manufactured and
marketed in this state is also admissible.
If necessary, this trade name is accompanied by other
descriptive information which should appear in the proximity of the latter,
where the application of other provisions of this chapter, in particular, those
provided for by article R.112-9, is not likely to enable the consumer to know
the real nature of the foodstuff and to distinguish it from other foodstuffs
with which it may be confused.
Notwithstanding the provision of the first paragraph
of this article, this trade name is not admissible where the foodstuff that it
describes is so different, from the point of view of its composition or
manufacture, from the foodstuff known by this name in the national territory,
that the provisions of the previous paragraph are not sufficient to guarantee
the consumer correct information.
Article R112-15
(Decree no. 98-879 of 29 September 1998 art. 7 Journal
officiel of 2 October 1998)
The list of ingredients is constituted by the listing
of all the ingredients of the foodstuff in their descending order of weight at
the time of their use.
The following foodstuffs are exempt from giving an
indication of their ingredients:
Fresh fruit and vegetables, including potatoes, that
have not been peeled, sliced or subjected to any similar treatment;
Carbonated waters where the description highlights
this characteristic;
Fermentation vinegar coming exclusively from a single
basic product without the addition of any other ingredient;
Cheese, butter, fermented milks and creams, in so far
as the only thing added to these foodstuffs has been lactic products, enzymes and
cultures required for manufacture, or salt required for the manufacture of
cheeses other than fresh or processed cheeses;
Products only comprising one single
ingredient, provided that the sales description is identical to the name of the
ingredient or permits the nature of the ingredient to be determined without
risk of confusion.
(deleted).
Article R112-16
Orders issued by the minister for consumer affairs,
the minister for agriculture and other interested ministers specify the
procedures for expressing the statements provided for in article R. 112-15, in
particular, with regard to multiple ingredients or those in mixtures,
ingredients used in concentrated or dehydrated form, added water or volatile
ingredients.
Article R112-17
(Decree no. 98-879 of 29 September 1998 art. 7 Journal
officiel of 2 October 1998)
(Decree no. 2000-705 of 20 July 2000 art. 1 Journal
officiel of
Without prejudice to provisions relating to the
nutrition labelling of foodstuffs, the labelling of a foodstuff must include an
indication of the quantity of an ingredients or of a category of ingredients
used in its manufacture or preparation in the following cases:
The relevant ingredient or category of ingredients
appears in the sales description or is generally associated with the sales
description by the consumer;
The relevant ingredient or category of ingredient is
highlighted in the labelling by words, images or graphic representation;
The relevant ingredient of category of ingredients is
essential in order to characterise the foodstuff and distinguish it from
products with which it may be confused in respect of its description or
appearance.
The wording provided for in the previous paragraph
either appears in the foodstuff’s sales description or in the immediate
proximity of this statement, or in the list of ingredients.
The quantity mentioned, expressed as a percentage,
corresponds to the quantity of the ingredient or ingredients at the time of
their use. Orders issued by the minister for consumer affairs, the minister for
agriculture and other interested ministers may provide for derogations of this
principle for certain foodstuffs.
When a foodstuff has suffered moisture loss following
heat or other treatment, this quantity corresponds to the ratio expressed as a
percentage, between the quantity of the ingredient or
ingredients used and that of the finished product.
When, however, the quantity of an ingredient or the
total quantity of all the ingredients expressed in the labelling exceeds 100%
of the total quantity of the finished product after moisture loss, the
percentage is replaced by an indication of the weight or the ingredients used
to prepare 100 grams of the finished product.
The quantity of volatile ingredients is indicated
according to their overall weight prior to concentration or dehydration.
When these are concentrated or dehydrated foods to
which water must be added, the quantity of ingredients may be expressed
according to the overall weight in the reconstituted product.
Article R112-17-1
(Decree no. 2000-705 of 20 July 2000 art. 2 Journal
officiel of
The provisions of the previous article do not apply:
To an ingredient or category of ingredients:
Whose drained net weight is indicated in accordance
with article R. 112-20;
Whose quantity is already obliged to appear on the
labelling in application of European community regulations or regulatory
provisions resulting from the transposition of European community directives;
Used in low doses for flavouring purposes;
Which, whilst appearing in the sales description, is
not likely to determine the consumer’s choice seeing as the variation in
quantity is not essential for the characterisation of the foodstuff or likely
to distinguish its from other similar products;
When specific provisions contained in European
community regulations or resulting from the transposition of European community
directives, precisely determine the quantity of the ingredient or the category
of ingredients without provision being made for this to be indicated on the
label;
In the case of mixed fruits or vegetables or spices or
aromatic plants, where one is not significantly predominant in terms of weight.
In cases where the wording “sweetener(s)” or “with
sugar(s) and sweetener(s)” accompanies the sales description of a foodstuff, in
accordance with the provisions of article R. 112-9-1 (3 and 4);
To wording relating to the addition
of vitamins and minerals in cases where these substances are the subject of
nutrition labelling.
Article R112-18
(Decree no. 98-879 of 29 September 1998 art. 11
Journal officiel of 2 October 1998)
Orders issued by the minister for consumer affairs,
the minister for agriculture and other interested ministers may specify that
the description of certain foodstuffs be accompanied by the indication of a
particular ingredient.
Article R112-19
The indication of the net quantity of pre-packaged
foodstuffs is not obligatory for products whose net quantity is less than 5
grams or 5 millilitres, with the exception, however, of spices and aromatic
plants.
Article R112-20
When a foodstuff is presented in a liquid medium, the
drained net weight of this foodstuff is also indicated in the labelling.
Article R112-21
Orders issued by the minister for consumer affairs,
the minister for agriculture and other interested ministers fix ways of
expressing quantity according to the nature of the foodstuffs or exempt certain
foodstuffs from this indication. These orders may also provided
for particular ways of expressing quantity in cases of mixed packaging or
pre-packaging.
Article R112-22
The labelling includes the inscription, for which the
packager is responsible, of a date until when the foodstuff retains its
specific properties under appropriate conditions.
In the case of foodstuffs that are highly
microbiologically perishable and which, because of this, are likely, after a
short period of time, to present an immediate danger to human health and in the
case of foodstuffs for which health control regulations fix a shelf life, this
date is a use-by date.
In other cases this date is a best-before date.
The date is, where appropriate, accompanied by an
indication of storage conditions, in particular, the temperature to be
respected, according to which it has been determined.
Article R112-23
The following foodstuffs are exempt from date
indication:
Fresh fruit or vegetables, including potatoes, that
have not been peeled, sliced or subjected to any similar treatment. This
exemption does not apply to sprouting grains and similar products such as
sprouting vegetables;
Wines, liqueur wines, sparkling wines, aromatic wines
and similar products obtained from fruits other than grapes;
Drinks covered by codes N.C. 2206.00.91, 2206.00.93
and 2206.00.99 of the (EEC) Council regulation no. 2658/87 of 23 July 1987
relating to the tariff and statistical nomenclature and the common customs
tariff and manufactured from grades or grape must;
Alcoholic drinks more than 10% proof;
Soft drinks, fruit juices, fruit nectars and alcoholic
drinks in individual containers in excess of 5 litres, intended for delivery to
institutions;
Bakery or patisserie products which, due to their very
nature, are consumed within twenty four hours of manufacture;
Vinegars;
Cooking salt;
Solid sugars;
Confectionery products consisting, almost uniquely, of
flavoured and/or coloured sugars;
Chewing gums and similar products for chewing;
Individual ice-creams.
Article R112-24
Orders issued by the minister for consumer affairs,
the minister for agriculture and other interested ministers fix practical
procedures for indicating the dates mentioned in article R. 112-22.
Article R112-25
(Decree no. 98-879 of 29 September 1998 art. 12
Journal officiel of 2 October 1998)
Without prejudice to the penalties provided for in
articles L. 213-1 to L. 213-4 and article 26 of decree no. 71-636 of 21 July
1971, holding with a view to sale, putting on sale, sale or distribution free
of charge of foodstuffs with a use-by date once this date has been exceeded, is
prohibited.
Holding with a view to sale, putting on sale, sale or
distribution free of charge of foodstuffs stored in conditions that do not
conform to those prescribed in their labelling is also prohibited.
Article R112-26
(Decree no. 98-879 of 29 September 1998 art. 13
Journal officiel of 2 October 1998)
Orders issued by the minister for consumer affairs,
the minister for agriculture and, When appropriate,
other relevant ministers fix the conditions for determining the alcoholic
strength by volume acquired, as well as practical procedures for indicating
said strength.
The provisions provided for in the previous paragraph
as well as in point 1 of article R. 112-9-1 do not apply to product subject to
the provisions of regulation no. 1627/86 of the Council of the European
communities of 6 May 1986 establishing rules for describing the alcoholic
strength by volume of special wines.
Article R112-27
(Decree no. 98-879 of 29 September 1998 art. 14
Journal officiel of 2 October 1998)
(Decree no. 2000-705 of 20 July 2000 art. 4 Journal officiel
of
Prior to being put on the market, foodstuffs, whether
pre-packaged or not, must be accompanied by an indication enabling the batch to
which they belong to be identified.
The batch indication is determined and affixed by the
producer, the manufacturer or the packager of the foodstuff, the latter being
responsible for said indication, or by the first established vendor within the
European community.
Article R112-28
(Decree no. 98-879 of 29 September 1998 art. 15
Journal officiel of 2 October 1998)
(Decree no. 2000-705 of 20 July 2000 art. 4 Journal
officiel of
The batch indication for pre-packaged foodstuffs
appears on the pre-packaging or on a label attached to the latter.
The batch indication for non pre-packaged foodstuffs
appears on the packaging or the container or, failing this, on related
commercial documents.
Article R112-29
(Decree no. 98-879 of 29 September 1998 art. 16
Journal officiel of 2 October 1998)
(Decree no. 2000-705 of 20 July 2000 art. 4 Journal
officiel of
The following foodstuffs are exempt from
indicating the batch:
Agricultural products which, when they leave the farm,
are:
either
sold or delivered to temporary storage, preparation or packaging stations;
are sent to
producers’ organisations;
are collected
with a view to their immediate use in a preparation or processing procedure;
Foodstuffs, presented at places of sale to the end
consumer, which:
are not
pre-packaged, included where they are subsequently packaged at the request of
the purchaser;
are
pre-packaged, with a view to their immediate sale;
Foodstuffs contained in packaging or containers where
the largest surface area is less than 10 centimetres squared;
Individual ice-creams.
The indication enabling the batch to be identified must appear on bundled
packages.
Article R112-30
(Decree no. 98-879 of 29 September 1998 art. 17
Journal officiel of 2 October 1998)
(Decree no. 2000-705 of 20 July 2000 art. 4 Journal
officiel of
Orders issued by the minister for consumer affairs,
the minister for agriculture and, where appropriate, other interested ministers
fix the practical procedures for batch indication.
Article R112-31
(Decree no. 98-879 of 29 September 1998 art. 18
Journal officiel of 2 October 1998)
Any other non pre-packaged foodstuff presented at
places of sale to the end consumer must itself be equipped with, or must appear
in close proximity, without risk of confusion, a poster, a notice or any other
appropriate means including the sales description in accordance with the
conditions provided for in articles R. 112-14 and R. 112-14-1, accompanied,
where appropriate, by the statements provided for in points 3 and 4 of article
R. 112-9-1.
Article R112-32
(Decree no. 98-879 of 29 September 1998 art. 19
Journal officiel of 2 October 1998)
(Decree no. 2000-705 of 20 July 2000 art. 3 Journal
officiel of
With the exception of articles R. 112-27, R. 112-28
and R. 112-30, this chapter does not apply to labelling and product
presentation subject to the provisions of regulation no. 2392-89 of the Council
of the European Communities of 24 July 1989 establishing general rules for the
description and presentation of grape must as well as those subject to the
provisions of amended Council regulation no. 2333-92 of 13 July 1992
establishing general rules for the description and presentation of sparkling
wines and aerated sparkling wines.
With the exception of the provisions of article R.
112-7, this chapter no longer applies to labelling and presentation of products
subject to the provisions of amended regulation no. 1907/90 of
Article R112-33
(Decree no. 98-879 of 29 September 1998 art. 20
Journal officiel of 2 October 1998)
With regard to glass bottles for re-use and on which
one of the statements provided for in points 1 and 4 of article R. 112-9 and in
point 1 of article R. 112-9-1 is indicated indelibly, the obligation provided
for in article R. 112-11 to display these statements in the same field of
vision will only come into force on 1 July 1999.
Chapter
III: Price
and conditions of sale
Article R113-1
(Decree no. 99-513 of 16 June 1999 art. 1 Journal
officiel of 23 June 1999)
The sale of goods or products, or the provision of
service at fixed prices in violation of the decrees adopted in application of
article 1 of order no. 86-1243 of 1 December 1986 reproduced in article L.
113-1, or orders with the same objective adopted in application of order no.
45-1483 of 30 June 1945 and kept in force, as a transitional arrangement, by
article 61 of the order of 1 December 1986 mentioned above, appearing in the
annex to this code, is punishable by the fine laid down for petty offences
(fifth category).
The same penalties apply in the event of breach of the
orders provided for in article L. 113-3 fixing consumer information procedures
in respect of prices and special terms of sale as well as in the event of
breach of order with the same objective adopted in application of order no.
45-1483 of
In the event of repeat offence, the fines laid down
for repeated fifth category offences are applicable.
Chapter
IV: Information
on delivery dates
Article R114-1
(Decree no. 2001-95 of 2 February 2001 art. 1 Journal
officiel of
Contracts concluded between professionals and
consumers relating to the sale of movable property or the supply of a service
provision where the agreed price is in excess of EUR 500 are subject to the
provisions of article L. 114-1 where the delivery of the goods or the supply of
the services is not immediate.
Chapter V: Development of products and services
Section 4: Certification of services and non-food
products
Sub-Section
1: Certifying bodies
Article R115-1
The declaration provided for in article L. 115-28 is
sent by the certifying body to the minister for industry, be recorded delivery
letter.
It is accompanied by a dossier establishing the
impartiality and competence of the certifying organisation, assessed with
respect to current regulations relating to certification organisations.
Article R115-2
The dossier mentioned in article R. 115-1 includes:
A description of the organisation’s activities, its structure,
its technical resources, its mode of funding as well as any links it may have
with manufacturers, importers or vendors of products or services to which the
certification which it is offering to implement relates;
Its articles of association, its rules of procedure,
the names and positions of directors responsible for certification and members
of the board or similar body;
A list of products or services that the organisation
proposes to certify, a description of the methods or procedures that will be
used to compile and validate the benchmarks used by the organisation for the
certification and procedures for presenting the certification;
General rules relating to the issue and monitoring of
the used of the certification;
The measures provided for in respect of professionals
who may use their certification contrary to the provisions of articles L.
115-27 and L. 115-28;
The methods that the certifying body proposes to use
to monitor the products or services that its certifies, the distribution of
responsibility within the organisation as well as the competence of personnel
charged with certification;
Procedures for managing documents
relating to certification and to complaints.
Article R115-3
If the declaration includes the documents listed in
article R. 115-2 hereinabove, the minister for industry acknowledges receipt be
means of a recorded delivery letter, within fifteen days of receiving the
dossier.
If the declaration dossier is incomplete, the minister
for industry, within fifteen days of receiving the dossier, invites the body,
by recorded delivery letter, to supply the additional documents in accordance
with the conditions provided for by article R. 115-1. When these documents have
been produced, the first paragraph of this article applies.
Article R115-4
Any modification of one of the components of the
dossier provided for in article R. 115-2 must be the subject of a declaration
in the same forms and must give rise to an acknowledgement of receipt in
accordance with the terms provided for in article R. 115-3.
Article R115-5
The list of declared certifying bodies is published
and regularly updated, in the form of a notice appearing in the Journal
officiel de la République française. This publication, which is not valid
as official acceptance, is not binding for the government.
Article R115-6
The impartiality and competence of a certifying body
may be established by a document issued to this end by an accreditation
authority, acknowledged by joint order of the minister for consumer affairs and
minister for industry.
In this event, the dossier accompanying the
declaration provided for by article R. 115-1 can only included the components
cited in points 1, 2 and 3 of article R. 115-2.
Article R115-7
Only independent, impartial and competent
organisations conforming to existing international standards, disposing of
adequate technical and financial resources and made up in a balanced way such
as to represent all the interests concerned by the certification, without
predominance of one over the other, can be recognised as accreditation
authorities.
Article R115-8
Benchmarks must, in accordance with the conditions
given in point 3 of article R. 115-2, be drafted and validated in consultation
with representatives of the various interested parties and, in particular,
associations or bodies representing professionals, associations or bodies
representing consumers and users, as well as relevant government departments.
When this relates to documents drafted unilaterally,
they must at least be validated by representatives of the aforementioned
various interested parties.
The organisation of said consultation and validation
lies with the certifying body which is obliged to bring together all the
partners involved, in adhering to the undertakings given in accordance with the
provisions of point 3 of article R. 115-2.
Article R115-9
Each benchmark defines its own field of application
and includes:
The characteristics used to describe the products or
services to be monitored, the limiting value of characteristics that may be
required for certification and procedures used to categorise these products or
these services in line with their characteristics;
The nature and means of presenting information
considered to be essential and that must be brought to
the attention of users and consumers;
Trial, measuring, analytical, test or evaluation
methods used to determine the certified characteristics and which, as far as
possible, must refer back to existing officially approved standards;
The checking procedures used by the certifying body
and those that the manufacturers, importers, retailers of products or services
to which the certification relates undertake to carry out.
Where appropriate, undertakings given by manufacturers
or service providers concerning installation conditions for products or for the
performance of certified services, after-sales service conditions and those
relating to the reparation of damages caused to users and consumers for
non-conformance of the product or service with the certified characteristics.
Sub-Section
4: Consumer
and user information
Article R115-10
When reference is made to the certifications in
advertising, labelling or display of any product or service or on related
business documents of any kind, the consumer or user must compulsorily be made
aware of the following:
The name or company name of the certifying body or its
collective certification mark, as well as its address;
Identification of the benchmark serving as a basis for
the certification;
Characteristics certified as being essential and
presented in accordance with the conditions provided for in point 2 of article
R. 115-9.
Article R115-11
Validated benchmarks are published in the form of a
notice in the Journal officiel de la République.
This publication includes the name and address of the
certifying body, accurate identification of the product or the service in
question as well as the essential components of the benchmark and, in particular,
the certified characteristics being checked.
These benchmarks held at the disposal of the general
public by the certifying body, in accordance with the conditions provided for
by the fourth paragraph of article L. 115-28.
Sub-Section 5:
Criminal provisions
Article R115-12
The act, by any person responsible for marketing a
product or any service provision, that makes reference to the certification of
this product or service, of failing to include in the advertising, labelling or
presentation of the latter, one of the statements or indications provided for
in article R. 115-10, is punishable by the penalties provided for petty
offences (fifth category).
Part II
Commercial practice
Section
2: Distance
selling
Article R121-1
(Decree n°2003-137 of 18 February 2003, article 1, Official journal of
20 February 2003)
The violation of the provisions of article L121-18 shall be punished by
the fines laid down for petty offences of the fifth category.
Article R121-1-1
The violation of the provisions of article L111-19 shall be punished by
fines laid down for petty offences of the fifth category.
Article R121-1-2
The refusal of the seller to refund (the price), according to the terms
fixed in article L121-20-1, of the goods returned by the buyer, when the latter
is entitled to withdraw, shall be punished by the fines laid down for petty
offences of the fifth category.
Article R121-2
(Decree n° 2003-137 of 18 February, article 1, Official Journal of 20
February 2003)
I - In case of repetition of offences provided for in articles R 121-1,
R121-1-1 and R121-1-2, the fines laid down for
repetition of petty offences of the fifth class shall apply.
II - The legal persons may be held responsible for the offences provided for in
articles R121-1, R121-1-1 and R121-1-2 according to the terms provided for in
article 121-2 of the Penal Code. They face the fines according to the
conditions provided for in article 131-41 of the same code.
Article R121-3
The detachable form intended to facilitate use of the
withdrawal option provided for in article L. 121-25 forms part of the copy of
the contract left with the customer.
It must be able to be easily separated.
The following statement must appear on the copy of the
contract:
“If you cancel your order, you can use the detachable
form attached hereto”
Article R121-4
The form provided for in article L. 121-24 includes,
on one side, the full and exact address to which it must be sent.
Sending said form to this address within the seven day deadline provided for in article L. 121-25 has the effect of cancelling the order without the vendor being able to invoke an error in the wording of said address, as it appears on the detachable form, or the fact that the receipt for the dispatch requir