Division 3.2 Products not covered by these Guidelines

These Guidelines do not cover:

1. (a)

   Products that are covered by specific and equivalent notification mechanisms established by other EU legislation, notably:

   1. (i)

      food and feed and other products covered by Regulation (EC) No 178/2002 of the European Parliament and of the Council^f1;

   2. (ii)

      medicinal products covered by Directive 2001/83/EC of the European Parliament and of the Council^f2, and Directive 2001/82/EC of the European Parliament and of the Council^f3;

   3. (iii)

      medical devices covered by Regulation (EU) 2017/745 of the European Parliament and of the Council^f4;

   4. (iv)

      active implantable medical devices covered by Council Directive 90/385/EEC^f5.

2. (b)

   Products that are not covered by the definition of a ‘product’ as laid down in Article 2(a) of the GPSD, notably:

   1. (i)

      second-hand products or products supplied as antiques or as products to be repaired or reconditioned prior to being used, provided that the supplier clearly informs the person to whom he supplies the product to that effect (Article 2(a) of the GPSD);

   2. (ii)

      equipment used or operated by a professional service provider to supply a service, e.g. equipment on which consumers ride or travel and equipment which is operated by a service provider and not by the consumer (recital 9 of the GPSD);

3. (c)

   Products which do not enter into the definition of product contained in Article 15(4) of Regulation (EC) No 765/2008.