C 247/26
EN
Official Journal of the European Union
29.6.2022
Manufacturers have to look beyond what they consider the intended use of a product and place themselves in the position of the average user of a particular product and envisage in what way they would reasonably consider to use the product (78).
For products intended for outdoor use, they should also consider how projections about the changing climate in the EU will affect the safety and performance of the product during use.
Since the climate is already changing, outdated assumptions based on historical observations and performance should be revised.
If the product’s typical life-span extends beyond 5 years, manufacturers may want to prepare it also for more extreme conditions expected in the mid-term.
(79)
It is also important that market surveillance authorities take into account that not all risks can be prevented by product design.
The supervision and assistance of the intended users should be considered as part of the conditions which can be reasonably foreseen.
For instance, some professional machine tools are intended for use by averagely skilled and trained workers under the supervision of their employer; the responsibility of the manufacturer cannot be engaged if such machine tools are rented by a distributor or third party service-provider for use by unskilled and untrained consumers.
In any case, the manufacturer is not obliged to expect that users will not take into consideration the lawful conditions of use of his product.
2.9.
Geographical application (EEA EFTA States, Overseas Countries and Territories (OCTs), Turkey)
— Union harmonisation legislation applies to the Member States of the EU and to certain European territories to the extent necessary to give effect to the arrangements set out in the Accession Treaty of the relevant Member States. — The Agreement on the European Economic Area is established between the European Union and Iceland, Liechtenstein and Norway.
The Agreement extends the internal market to these three EFTA States – commonly known as EEA EFTA States. — The Customs Union Agreement between the EU and Turkey aims to ensure the free movement of products between the EU and Turkey, by eliminating import controls at the EU-Turkey border on such products. — The Protocol on Ireland and Northern Ireland of the Agreement on the Withdrawal of the UK from the EU extends also the application of certain Union product legislation to Northern Ireland.
2.9.1.
Member States and Overseas countries and territories
The purpose of Union harmonisation legislation relating to goods adopted pursuant to Articles 114 and 115 TFEU is the establishment and functioning of the internal market for goods.
Consequently, Union harmonisation legislation cannot be separated from Treaty provisions on free movement of goods and the territorial scope of application of Union harmonisation legislation should coincide with the territorial scope of application of Articles 30 and 34 to 36 TFEU.
Pursuant to Article 355 TFEU and in connection with the Article 52 of the Treaty on European Union (TEU), the Treaty and consequently the Union harmonisation legislation applies to all Member States of the European Union.
Pursuant to Article 355(1) TFEU it also applies to Guadeloupe, French Guyana, Martinique, Réunion, Mayotte, Saint-Martin, the Azores, Madeira and the Canary Islands.
Moreover, the Treaty and harmonisation legislation relating to products adopted on the basis of Articles 114 and 115 TFEU applies to certain European territories to the extent necessary to give effect to the arrangements set out in the relevant Accession Treaty.
(78) Furthermore, a tool designed and intended to be used by professionals only, might eventually also be used by non-professionals; consequently the design and instructions accompanied must take this possibility into account.
(79) For climate-proofing products, manufacturers and standard-writers may seek guidance from ISO:EN 14091, CEN Guide 32 and the Commission notice 2021/C 373/01 on technical guidance on the climate proofing of infrastructure in the period 2021-2027.
Although these documents relate to making infrastructure and organisations climate resilient, the principles of vulnerability and risk assessment and some methods for increasing resilience can be applied to products too.