The EU Product Safety Regulation (GPSR), which came into force in May 2023, represents a significant transformation in European legislation, aiming for a safer and more transparent internal market. It introduces clear obligations for economic operators and greater guarantees for consumers.
The Regulation, which becomes mandatory on December 13, 2024, replaces the previous General Product Safety Directive of 2001 (Directive 2001/95/EC) and provides a new EU framework on product safety to keep pace with the challenges of digitalization and the growing volume of goods and products sold online.
Scope of the Regulation
The Regulation continues to focus on ensuring a high level of safety for consumers, without borders within the internal market. It introduces a series of clear definitions, including the concepts of “risk,” “importer,” and “logistics service provider,” to improve the understanding and application of the rules.
The Regulation applies to products placed or made available on the market, insofar as there are no specific provisions of Union law with the same objective governing the safety of the products in question. If products are subject to specific safety requirements prescribed by Union law, this regulation applies only to aspects and risks or categories of risks not covered by those requirements.
Product Safety Assessment
The product safety assessment is detailed in Articles 6 and 8 of the Regulation. A presumption of conformity is introduced for products that comply with European standards published in the Official Journal of the EU. Crucial aspects such as cybersecurity and artificial intelligence are also outlined.
Product safety must be assessed considering the following criteria:
- Product characteristics, such as design, technical features, composition, packaging, and instructions;
- Effects on other products;
- Presentation of the product, labeling, warnings, instructions, and safety information;
- Categories of consumers using the product;
- The appearance of the product, particularly aspects that mimic food or attract children;
- Cybersecurity features and any evolving, learning, or predictive functionalities of the product.
Economic Operators
The regulation also establishes the indispensable condition for placing goods subject to the general product safety regulation on the EU market, requiring the presence of an economic operator established in the European Union who assumes the responsibilities defined in Article 16. This means they are responsible for:
- Verifying the existence of an EU declaration of conformity or performance and related technical documentation when required;
- Retaining these documents for the period prescribed by applicable regulations;
- Providing market surveillance authorities with the necessary information and documentation to demonstrate the product’s compliance;
- Reporting any safety risks to the authorities. If a product is recalled, consumers will be entitled to repairs, replacements, or refunds, and may also file complaints or take part in collective actions.
Online and Distance Selling
To ensure product safety, the Regulation introduces new duties for online sales platforms. Moving away from a purely passive role, authorities expect them to adopt internal processes for product safety and register with the Safety Gate portal, an online tool that allows consumers to report problems and dangerous products to national and European authorities. They must also provide a single point of contact, enabling product recipients to communicate directly with them. Finally, platforms must provide consumers with information about the manufacturer or person responsible for placing the product on the market, product identification, and any warnings associated with the products.
