General Product Safety Regulation

Introduction

Regulation (EU) 2023/988, known as the General Product Safety Regulation (GPSR), is a key legislative act ensuring the safety of non-food consumer products sold in the EU and the EEA. It repeals and replaces the General Product Safety Directive (2001/95/EC) and the Food-Imitating Products Directive (87/357/EEC). The Regulation modernizes the EU's product safety framework to address challenges posed by the digitalization of the economy, particularly online sales, and ensures a consistent high level of consumer protection across the internal market.

Main Goal

The primary objective of the GPSR is to ensure that all consumer products placed on the EU market are safe, regardless of their origin or sales channel (online or offline). It aims to strengthen market surveillance, improve product traceability, and enhance the effectiveness of product recalls.

Relations to Other Laws

The GPSR acts as a safety net for products or risks not covered by specific Union harmonization legislation (e.g., laws specific to toys, electronics, or chemicals). It complements provisions in Regulation (EU) 2019/1020 regarding market surveillance and aligns with the Digital Services Act (Regulation (EU) 2022/2065) regarding the obligations of online marketplaces.

Who It Applies To

The Regulation applies to:

• Manufacturers, importers, and distributors.
• Fulfilment service providers (logistics companies).
• Providers of online marketplaces.
• Any economic operator placing consumer products on the EU market.

Key Dates

• Entry into Force: 12 June 2023.
• Date of Application: 13 December 2024.
• Transitional Period: Products compliant with the old Directive (2001/95/EC) placed on the market before 13 December 2024 may remain on the market.

Exemptions

The Regulation does not apply to:

• Medicinal products (human or veterinary).
• Food and feed.
• Living plants and animals.
• Animal by-products.
• Plant protection products (pesticides).
• Specific aircraft.
• Antiques.

Key Provisions & Obligations

General Safety Requirement

Economic operators must ensure that only safe products are placed on the market. A product is safe if it presents no risk or only minimum risks compatible with its use under normal or foreseeable conditions.

Obligations for Economic Operators

• Internal Risk Analysis: Manufacturers must conduct an internal risk analysis and draw up technical documentation.
• Responsible Person: A product cannot be sold in the EU unless there is a responsible economic operator established in the Union (Article 16).
• Traceability: Products must bear type/batch/serial numbers and the manufacturer's/importer's contact details (postal and email).
• Accident Reporting: Manufacturers must report accidents caused by their products via the Safety Business Gateway.

Obligations for Online Marketplaces

• Registration: Must register on the Safety Gate Portal.
• Single Contact Points: Designate points of contact for market surveillance authorities and consumers.
• Takedown Orders: Act on orders to remove dangerous content within two working days.
• Due Diligence: Ensure traders provide necessary product safety and traceability information before listing.

Product Recalls

• Recall Notices: Must be clear, transparent, and avoid downplaying risks (e.g., avoiding terms like "voluntary").
• Remedies: Consumers must be offered at least two of the following: repair, replacement, or refund (unless impossible/disproportionate).

Penalties

Member States are required to lay down rules on penalties for infringements, which must be effective, proportionate, and dissuasive. These penalties are determined at the national level.