With the General Product Safety Regulation (GPSR), the European legislator has introduced a new product safety regulation(General Product Safety Regulation 2023/988 - Regulation (EU) 2023/988 of the European Parliament and of the Council of 10 May 2023 on general product safety, amending Regulation (EU) No 1025/2012 of the European Parliament and of the Council and Directive (EU) 2020/1828 of the European Parliament and of the Council and repealing Directive 2001/95/EC of the European Parliament and of the Council and Council Directive 87/357/EEC (Text with EEA relevance), which will enter into force on December 13, 2024. The aim of the new product safety law is to protect consumers - especially vulnerable groups such as children, the elderly and people with disabilities - from the risks of increasingly digitalized products and to meet the challenges of new business models in digital commerce. It replaces the previous Product Safety Directive (Directive 2001/95/EC).
Which products are affected by the Product Safety Regulation?
The GPSR applies to consumer products, i.e. all products (new, used, repaired) that are intended for consumers or are "likely" to be used by consumers. No distinction is made between B2B and B2C transactions. The GPSR therefore applies to B2B transactions in which consumer products are sold. Existing special EU regulations (e.g. CE marking) remain in place; the GPSR supplements these.
Who is affected by the new product safety regulation?
The regulation affects economic operators along the entire supply chain whose products are offered on the market of the European Economic Union. Manufacturers, authorized representatives, importers and distributors are therefore addressed, but more recently also fulfillment service providers, i.e. those for warehousing, shipping or packaging, and providers of online marketplaces.
What obligations must be implemented in accordance with the Product Safety Regulation?
The new requirements of the GPSR relate in particular to information obligations and risk assessment. The GPSR provides for comprehensive safety measures that cover the entire life cycle of a product. The aim is to ensure a uniform EU safety standard. The most important obligations are listed below:
Safety assessment, Art. 6 - 8 GPSR
Before being launched on the market, every product must be checked for safety and potential health risks. This also includes an analysis of the consumer profile and the usage environment: How is the product received (packaging, enclosed instructions), does the consumer belong to a vulnerable group with special safety requirements (presentation and product category), how is the product used as intended (impact on other products), does its appearance lead to improper use (deceptive appearance) and can the product be compromised (cyber security). Further explanations here.
Product information, Art. 9 ff. GPSR
Economic operators must provide information on the identification, origin and safety instructions of their products. As a rule, these must be affixed to the product. Retailers must check compliance and exclude non-compliant products from sale.
Obligations in distance selling, Art. 19 GPSR
If the products are sold online or via another form of distance selling, the following minimum information must be visible to the consumer in the offer itself:
- Manufacturer: Name, registered trade name or trademark, postal address and e-mail address of the manufacturer (for contact purposes)
- Responsible party: Only if the manufacturer is based outside the EU: Name, postal address and e-mail address of the responsible economic operator
- Product identification: Illustration of the product, descriptive information for its identification (product type, etc.)
- Safety information: warnings or safety information in a language that is easy for consumers to understand
Post-market surveillance obligations
Even after the products have been placed on the market, manufacturers and other economic operators are responsible for the safety of their products. If an accident occurs, the national reporting bodies must be informed comprehensively about the accident (Art. 20 GPSR). If a product poses a risk to the safety or health of consumers, a safety warning (Art. 35 GPSR) or a product recall (Art. 36 GPSR) must be issued. Following recalls, the consumer must be offered at least two of the following measures free of charge: Repair, replacement or compensation (Art. 37 GPSR).
Conclusion
The new GPSR requirements bring far-reaching changes for all players in the supply chain. While manufacturers have already invested in adapting their processes, retailers should now quickly follow suit. Strict controls are to be expected, particularly in online retail, and marketplace operators could block products that are advertised without the minimum information required by the regulation from December 13, 2024. There are still legal uncertainties regarding old products that were already sold in the EEA before the deadline. The new regulations should therefore also be applied here as a precautionary measure.
Our law firm will be happy to advise you on the specific implementation of the Product Safety Regulation.
FAQ: What must be done by 13.12.2024?
- Procurement of the necessary product information
- Add information to the offer
- EVERY player in the retail chain is individually responsible for compliance with ALL rules!
Important note: All supply contracts must be adapted to our own terms and conditions of purchase and
- Indemnities for incorrect information provided by the upstream supplier
- Indemnification for damages, recall costs, etc.
- Legacy products....legally not clarified.....but the major platforms will not differentiate
