FRANCE Law and Practice Contributed by: Diane Bandon-Tourret and Agathe Clarac, LexCase
transposed into French law within the Civil Code after a certain delay. In French liability law, fault-based liability, which has a different basis from liability for defective products, is also frequently used in product safety matters as the basis of hidden defects. Prod - uct safety issues also involve the criminal liability of the individuals and companies concerned, based on general or special criminal law offences. They may also give rise to financial penalties from the competent authorities. 1.2 Regulatory Authorities for Product Safety The DGCCRF The Direction générale de la concurrence , de la con- sommation et de la répression des fraudes (DGCCRF) is the reference authority for product safety. The DGC - CRF’s scope of intervention is very broad and covers a wide variety of products. Indeed, the DGCCRF is also involved in all non-food products and services, and at all levels (production, import and distribution). Action is stepped up in high-risk areas such as toys and childcare articles, sports and leisure activities, and everyday accidents. Most of the safety actions are based on the expertise of laboratories (Joint DGC - CRF and Customs Laboratory Service). As part of the administrative co-operation organised by Regulation (EU) 2017/2394 of the European Par - liament and of the Council of 12 December 2017 on co-operation between national authorities responsi - ble for the enforcement of consumer protection laws, and repealing Regulation (EC) No 2006/2004, when a request for mutual assistance is made by a mem - ber state of the EU or by the European Commission, the investigation, detection and cessation of infringe - ments or breaches are carried out by the DGCCRF in accordance with the provisions of the Consumer Code. Other Authorities Other authorities have jurisdiction depending on the products concerned. For example, in the area of food safety, while this mission was previously shared between the Directorate-General for Food of the Min - istry of Agriculture and Food Sovereignty ( Direction générale de l ’ alimentation – DGAL) and the DGCCRF, in mid-2022 the DGAL was transferred the responsi - bilities of the DGCCRF, which since 1 January 2024
has taken on missions relating to food safety and the management of health crises or contamination. The French National Agency for the Safety of Medi - cines and Health Products ( Agence nationale de sécu- rité du médicament et des produits de santé – ANSM) is responsible for monitoring the safety of health prod - ucts regulated by the Public Health Code. It should be noted, however, that as part of the Finance Act for 2023, Decree No 2023-1113 of 28 November 2023 relating to the competent authorities for the supervi - sion and vigilance of cosmetic and tattoo products removed cosmetic and tattoo products from the remit of the ANSM, and the DGGCRF has been designated as the competent authority for inspection, control and market surveillance missions. 1.3 Obligations to Commence Corrective Action The new GPSR clarifies the responsibilities of each economic operator in the supply chain. • Manufacturers must, in particular, ensure the conformity of their products, from the design stage and throughout their period of availability on the market, by carrying out internal analyses and ensuring product traceability and the reporting of incidents and information (via the new “Safety Business Gateway”). They must provide and update all mandatory technical documentation and ensure that their contact details are communicated to consumers so that they can receive any com - plaints, examine them and archive them. Manufac - turers may appoint an authorised representative to carry out these tasks. • The importer is required to place on the market only products that it considers safe and must therefore refuse to place on the market those that it considers do not meet the requirements. It also participates in the reporting of information. • The distributor also ensures that the manufacturer and, where applicable, the importer act in accord - ance with the regulation. They also inform the other actors in the distribution chain via the dedicated system and, where necessary, ensure that the appropriate corrective measures are taken. • The supplier of an online marketplace is newly subject to specific obligations (including making
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