Revised EU General Product Safety Regulations

The European Council and the European Parliament have adopted the new General Product Safety Regulation (EU) 2023/988. This Regulation GPSR was published in the Official Journal L135 of 23 May 2023 and will repeal the so called GPSD (General Product Safety Directive) as well as the Food Imitation Directive 87/357/EEC on 13 December 2024.

This new Product Safety Regulation is modernising the EU general product safety framework and is addressing the new challenges posed to product safety by the digitalisation of our economies.

Particularly, it details the obligations of various economic operators (manufacturers, authorized representatives, importers, distributors, fulfilment service providers) and includes specific obligations for distance sales, as well as for providers of online marketplaces.

Economic operators shall place or make available on the market only safe products and they need to ensure they have internal processes for product safety in place. Providers of online marketplaces need also to ensure that products on the online marketplace are safe and comply with the general product safety regulation.

Products must have supporting technical documentation, which is to be kept for 10 years. Internal risk analysis will need to be performed by the manufacturer. And the following aspects need to be taken into account to assess the product safety:

• the characteristics and functions of the product
• the effect on other products during use and the effect those products may have
• the presentation of the product, the labelling of the product, including age grading where applicable,
• warnings and instructions for use and disposal
• the categories of products (children, older people…)
• if the product could be confused with a toy or an item of food
• the cybersecurity features if necessary

Product shall contain product identification, economic operator’s name or trademark, the postal and electronic address, instruction for use, and safety information.

The GPSR is also describing the different elements allowing to presume that a product is in conformity with the general product safety: example when
• the product conforms to relevant European harmonized standards; or
• the product conforms to national requirements if there is no relevant European harmonized standard
• other elements are provided in the regulation

The regulation will come into application on 13 December 2024 and Member States will not impede the making available of products complying with the previous General Product Safety Directive (Directive 2001/95/EC) and placed on the market before 13 December 2024.

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