The countdown is on: In exactly two months, on December 13, 2024, the new Product Safety Regulation (EU) 2023/988, also known as the General Product Safety Regulation (GPSR), will come into effect.
It replaces the more than 20-year-old Product Safety Directive 2001/95/EC and aims to ensure that only safe, non-harmonized consumer products are placed on the EU market. Some provisions of the GPSR, however, also apply to harmonized products (e.g., Articles 19, 20, and 22 GPSR).
What are the objectives of the GPSR?
The GPSR has two main objectives: to harmonize the EU internal market by establishing consistent product safety standards and to enhance consumer protection. It aims to ensure that only safe products are made available on the market, while addressing regulatory gaps and responding to emerging challenges like digitalization and new distribution methods.
Which products fall under the GPSR?
The GPSR applies exclusively to consumer products, i.e., goods intended for or foreseeably used by consumers.
What are the main changes introduced by the GPSR?
The GPSR introduces numerous new obligations for manufacturers, importers, authorized representatives, distributors, provider of online marketplaces, and fulfillment service providers.
Some key changes include:
Manufacturers’ duty to carry out an internal risk analysis and provide technical documentation (Art. 9(2) GPSR)
New criteria for assessing product safety (e.g., cybersecurity features) (Art. 6 GPSR)
Requirement to provide an electronic contact address
Strict requirements for informing consumers in the event of safety warnings or product recalls (Arts. 35 and 36 GPSR)
Obligation to offer remedies in case of product recalls (repair, replacement, or adequate refund of the value of the recalled product) (Art. 37 GPSR)
New information obligations for economic operators in distance selling, to be fulfilled at the time of product offering (Art. 19 GPSR)
Special obligations for providers of online marketplaces (Art. 22 GPSR)
Can products placed on the market before December 13, 2024, still be sold?
Yes, products placed on the market before December 13, 2024, may continue to be sold even if they do not meet GPSR requirements. Article 51 of the GPSR clarifies that market surveillance authorities cannot restrict the sale of such products, provided they complied with the relevant regulations at the time they were placed on the market.
Do you have any questions about the new product safety regulation? Feel free to contact us by phone or contact enquiry.
