The European Union shall guarantee that products placed on the marketplace are safe for consumers and not only for consumers. Directive 2001/95/EC of the European Parliament and of the Council on product safety has so been in force since 2001. However, fresh technologies have emerged since then and regulations should besides go with the spirit of time and change. To harmonise the rules in each associate State, the Directive is replaced by a Regulation. What does the General Product Safety Regulation 2023/988 relate to?
General Product Safety Regulation 2023/988
Regulation (EU) No 182/2011 of the European Parliament and of the Council 2023/988 COUNCIL DECISION of 10 May 2023 on general product safety seeks to guarantee the wellness and safety of consumers and the functioning of the interior marketplace for products intended for consumers;
The short name of Regulation 2023/988 is GPSR from English General Product Safety Regulation.
Since erstwhile does Regulation 2023/988 apply?
Regulation 2023/988 shall apply from the date of 13 December 2024.simultaneously repealing Directive 2001/95/EC The European Parliament and the Council and Council Directive 87/357/EEC. This means that products complying with Directive 2001/95/EC may be placed on the marketplace before 13 December 2024. From that date, the products must comply with Regulation 2023/988.
What products are covered by the EU safety Regulation?
The General Product Safety Regulation 2023/988 concerns products which are placed on the marketplace or made available on the marketplace to the degree that Union law does not contain circumstantial provisions with the same nonsubjective which regulate the safety of the products concerned. Where a product is subject to circumstantial EU safety requirements, the Regulation shall apply only to aspects and risks or categories of risks not covered by those requirements.
Products excluded from the scope of Regulation 2023/988
Regulation 2023/988 shall not apply to:
- medicinal products for human usage or veterinary medicinal products;
- food;
- feed;
- live plants and animals, genetically modified organisms and genetically modified micro-organisms utilized in a limited way, as well as plant and animal products straight related to their future reproduction;
- animal by-products and derived products;
- plant protection products;
- equipment utilized by consumers to decision or travel, where it is operated straight by the service supplier as part of a transport service provided to consumers and is not operated by consumers themselves;
- aircraft referred to in point (d) of Article 2(3) of Regulation (EU) 2018/1139;
- antiques (collective objects, works of art, etc.);
- products requiring repair or renewal before use, where these products are placed on the marketplace or made available on the marketplace and bear a clear indication that they require repair or renewal before use.
What is simply a safe and dangerous product in the EU?
‘Safe product’ means any product (subject intended for consumers or whose consumers would usage under foreseeable conditions) which, under average or reasonably foreseeable conditions of use, including in real time of use, does not pose any hazard or only a minimum hazard compatible with its use, considered acceptable and appropriate to a advanced level of protection of consumer wellness and safety.
‘hazardous product’ is simply a product which does not meet the above definition.
What are the obligations of EU producers?
According to the Regulation, ‘producer’ is any natural or legal individual who manufactures a product or who orders the plan or manufacture of a product and sells it under his own name or trademark. This means that if an importer imports products under his own logo/name or substantially modifies the product, he becomes a producer.
Each maker shall have the following product safety obligations:
- Ensures that the products are designed and manufactured in accordance with the general safety requirement. It shall draw up and supply up-to-date method documentation which it shall keep for 10 years after the product has been placed on the marketplace and shall make it available on request to marketplace surveillance authorities.
- It shall conduct an interior hazard analysis and guarantee that procedures are put in place to guarantee that serially manufactured products comply with the general safety requirement.
- It shall guarantee that the products bear a type, batch or series number or have another visible and user-readable component enabling them to be identified.
- It shall state its name or trade mark, postal and electronic address (including address of a single contact point, if any) on the product either on the packaging or in a paper accompanying the product.
- It incorporates clear instructions and safety information in a language easy understood by consumers.
- It shall take certain steps if it finds or assumes that the product it introduces is dangerous and informs another persons in the supply chain of related problems.
- It allows consumers to submit and inform about the accidents or safety problems they have experienced with the product. He examines these reports and keeps records.
What are the obligations of EU importers of products?
‘Importer’ is any natural or legal individual who is established in the Union and markets in the Union a product originating in a 3rd country. In another words, an importer established/established in EU countries making products available on the Union marketplace (for the first time).
The importer of products in the EU shall have the following obligations:
- It shall guarantee that the product complies with the general safety request and that the maker meets the requirements. It does not introduce dangerous and non-compliant products.
- It shall state its name or trade mark, postal and electronic address (including address of a single contact point, if any) on the product either on the packaging or in a paper accompanying the product. At the same time, this information shall not affect the legibility of the information on the description by the manufacturer.
- It shall guarantee that clear instructions and safety information are attached to the imported product in a language easy understood by consumers.
- It shall guarantee that, while the product is responsible, retention and transport conditions do not jeopardise the conformity of the product.
- It shall keep a copy of the method documentation at the disposal of the marketplace surveillance authorities for 10 years after the product has been placed on the market.
- It cooperates with marketplace surveillance authorities and the maker to guarantee product safety.
- If it finds or suspects that the product placed on the marketplace by it is simply a dangerous product, it shall take certain steps.
- It shall verify whether the communication channels are publically accessible to consumers, allowing them to submit complaints and study any accidents or safety problems they have experienced in relation to the product. If specified channels are not available. The importer shall supply them. It shall analyse the complaint data, inform certain undertakings in the supply chain and keep records.
Is the CE marking essential for safe products in the EU?
Regulation 2023/988 on general product safety does not require the placing CE mark on products. Placing the CE mark erstwhile there is no reason to do so is punishable. This request is due to certain New Approach Directives.
How is product safety in the EU assessed?
The safety assessment of the product shall take into account:
- product characteristics (project, method characteristics, composition, packaging, installation instructions, installation, usage and maintenance instructions);
- impact on another products;
- the presentation of the product, the labelling on the product, the warnings and instructions for its safe usage and disposal, as well as another indications or information on the product;
- categories of consumers utilizing the product;
- the appearance of the product if it could induce consumers to usage the product in a way another than that for which it was designed;
- where appropriate, the appropriate cybersecurity properties essential to defend the product from external influence;
- where applicable, evolving, learning and predictive functions of the product.
If the product complies with the applicable European standards, parts or applicable national requirements, etc., compliance with the general safety request shall be presumed.
EU General Product Safety Regulation - Summary
In conclusion, the fresh rules on general product safety aim to improve the functioning of the interior marketplace while ensuring a advanced level of consumer protection. Regulation 2023/988 shall apply from 13 December 2024 straight in the associate States of the European Union.
